Paramasivam v Grant [2002] FCAFC 144

Paramasivam v Grant [2002] FCAFC 144

The appeal was dismissed because the evidence did not establish any act by the respondents amounting to racial discrimination under s 9(1) of the Racial Discrimination Act 1975; there was no evidentiary foundation for concluding that the respondents’ conduct was based on race, and the application was thus bound to fail.

Jurisdiction
Australia
Judgment Date
21 May 2002
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
['racial Discrimination' 'summary Dismissal' 'leave to Appeal']
['discrimination Law'] ['racial Discrimination' 'summary Dismissal' 'leave to Appeal']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether the respondents engaged in racial discrimination against the appellant in breach of the Racial Discrimination Act 1975' 'Whether there was an evidentiary foundation for the allegation of less favourable treatment based on race' 'Whether summary dismissal of the application was appropriate']

Ratio Decidendi

The appeal was dismissed because the evidence did not establish any act by the respondents amounting to racial discrimination under s 9(1) of the Racial Discrimination Act 1975; there was no evidentiary foundation for concluding that the respondents’ conduct was based on race, and the application was thus bound to fail.

Court Disposition

appeal dismissed

Orders

  • ['Leave to appeal be granted.' 'The appeal be dismissed.' "The appellant pay the respondents' costs of the appeal."]