Ellis v Southern Cross University [2015] NSWCATAD 258

Ellis v Southern Cross University [2015] NSWCATAD 258

Even accepting the applicant's version of the relevant conversation for the purpose of the leave application, the University's explanations for the withdrawal, termination, fail grade and delay in arranging a new placement were more probable and innocent than an inference that race or the applicant's complaint of discrimination was a reason for the treatment. The race discrimination and victimisation complaints lacked substance, so it was not fair and just for them to proceed.

Jurisdiction
Australia
Judgment Date
07 December 2015
Procedural Posture
Application for Leave to Proceed With Anti Discrimination Complaint Declined by the President of the Anti Discrimination Board as Lacking in Substance / Leave Application
Outcome
Leave refused.
Legal Topics
['leave to Proceed' 'race Discrimination' 'victimisation' 'direct Discrimination' 'causation' 'university Professional Placement']
['anti Discrimination Law' 'administrative Law' 'education Law'] ['leave to Proceed' 'race Discrimination' 'victimisation' 'direct Discrimination' 'causation' 'university Professional Placement']

Case Brief

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Procedural Posture

Application for Leave to Proceed With Anti Discrimination Complaint Declined by the President of the Anti Discrimination Board as Lacking in Substance / Leave Application

Legal Issues

  1. 1 ["Whether it was fair and just to grant leave for the applicant's complaint to proceed after it was declined as lacking in substance under the Anti-Discrimination Act 1977 (NSW)." 'Whether the complaint of race discrimination against the University had sufficient substance to proceed.' 'Whether the complaint of victimisation against the University had sufficient substance to proceed.']

Ratio Decidendi

Even accepting the applicant's version of the relevant conversation for the purpose of the leave application, the University's explanations for the withdrawal, termination, fail grade and delay in arranging a new placement were more probable and innocent than an inference that race or the applicant's complaint of discrimination was a reason for the treatment. The race discrimination and victimisation complaints lacked substance, so it was not fair and just for them to proceed.

Court Disposition

Leave refused.

Orders

  • ["Leave is refused for the applicant's complaint of race discrimination to proceed."]