Wilson v Community and Public Sector Union [2011] FCA 448

Wilson v Community and Public Sector Union [2011] FCA 448

There is no evidence from which the Court could conclude that the CPSU or Kim Barnes discriminated against Wilson on the basis of his race or failed to provide services by reason of his race, nor is there a real issue of fact or law. Accordingly, the respondents' application for summary dismissal must be allowed, and the applicant's claim dismissed.

Parties
Applicant: Fred Wilson; First Respondent: Community and Public Sector Union; Second Respondent: Kim Barnes
Jurisdiction
Australia
Judgment Date
05 May 2011
Procedural Posture
Civil / Summary Judgment/application for Dismissal
Outcome
Application dismissed. Summary judgment for the respondents. No order as to costs.
Legal Topics
Racial Discrimination, Summary Dismissal, Union Representation, Application Under Racial Discrimination Act
Discrimination Law Employment Law Federal Court Procedure Racial Discrimination Summary Dismissal Union Representation Application Under Racial Discrimination Act

Case Brief

Summary, issues, holding and outcome

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Parties

Fred Wilson

Applicant

Community and Public Sector Union

First Respondent

Kim Barnes

Second Respondent

Procedural Posture

Civil / Summary Judgment/application for Dismissal

Legal Issues

  1. 1 Whether the applicant has no reasonable prospect of successfully prosecuting the proceeding under s 31A(2) of the Federal Court of Australia Act 1976 (Cth)
  2. 2 Whether the acts or omissions of the CPSU and Kim Barnes contravened ss 9(1) or 13(1) of the Racial Discrimination Act 1975 (Cth)
  3. 3 Whether there is a sufficient evidentiary basis for the alleged racial discrimination

Ratio Decidendi

There is no evidence from which the Court could conclude that the CPSU or Kim Barnes discriminated against Wilson on the basis of his race or failed to provide services by reason of his race, nor is there a real issue of fact or law. Accordingly, the respondents' application for summary dismissal must be allowed, and the applicant's claim dismissed.

Court Disposition

Application dismissed. Summary judgment for the respondents. No order as to costs.

Orders

  • The respondents' motion on notice dated 9 November 2010 be upheld.
  • The application herein be dismissed.