Paramasivam v Grant [2001] FCA 882

The evidence, consisting mainly of correspondence between the applicant and the respondents, does not disclose an evidentiary foundation for unlawful discrimination under s 9 or s 13 Racial Discrimination Act 1975 (Cth); neither the facts nor the services requested fall within the statutory framework for discrimination, and the applicant's claim is bound to fail if tried.

Jurisdiction: Australia
Judgment Date: 04 July 2001
Procedural Posture: Application for Relief Under Discrimination Statutes / Summary Dismissal Motion
Outcome: application dismissed with costs
Legal Topics: ['racial Discrimination' 'summary Dismissal' 'services of Public Office']

['administrative Law' 'anti Discrimination Law'] ['racial Discrimination' 'summary Dismissal' 'services of Public Office']

Case Brief

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Procedural Posture

Application for Relief Under Discrimination Statutes / Summary Dismissal Motion

Legal Issues

1 ['Whether the respondents unlawfully discriminated against the applicant on the basis of race under s 9 and s 13 of the Racial Discrimination Act 1975 (Cth)' 'Whether the correspondence and conduct amounted to a distinction, exclusion, or restriction impairing human rights' "Whether the Attorney General's Department provides relevant services to the public within s 13 of the Racial Discrimination Act"]

Ratio Decidendi

Court Disposition

application dismissed with costs

Orders

['The application be dismissed with costs.' "Applicant to pay respondents' costs of proceedings and motion."]