Paramasivam v Shier [2001] FCA 545

Paramasivam v Shier [2001] FCA 545

No reasonable cause of action for unlawful discrimination has been shown since there is no evidentiary basis that any differential treatment was based on race; accordingly, the application should be summarily dismissed under Order 20 rule 2 of the Federal Court Rules.

Parties
Applicant: Gaja Lakshmi Paramasivam; First Respondent: Jonathan Shier; Second Respondent: Garry Linnane
Jurisdiction
Australia
Judgment Date
04 May 2001
Procedural Posture
Application / Motion to Dismiss
Outcome
application dismissed
Legal Topics
Unlawful Discrimination, Summary Dismissal, Racial Discrimination, Federal Court Rules
Anti Discrimination Law Unlawful Discrimination Summary Dismissal Racial Discrimination Federal Court Rules

Case Brief

Summary, issues, holding and outcome

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Parties

Gaja Lakshmi Paramasivam

Applicant

Jonathan Shier

First Respondent

Garry Linnane

Second Respondent

Procedural Posture

Application / Motion to Dismiss

Legal Issues

  1. 1 Whether the application discloses a reasonable cause of action for unlawful discrimination based on race
  2. 2 Whether the proceeding is frivolous, vexatious, or an abuse of process

Ratio Decidendi

No reasonable cause of action for unlawful discrimination has been shown since there is no evidentiary basis that any differential treatment was based on race; accordingly, the application should be summarily dismissed under Order 20 rule 2 of the Federal Court Rules.

Court Disposition

application dismissed

Orders

  • The application be dismissed.
  • The applicant pay the respondents' costs.