Parkes v The University of Newcastle [2012] NSWADT 155

There is nothing specific to connect the alleged conduct with Mr Parkes' race; permission for the complaint to proceed is refused as it is not fair or just.

Parties: Applicant: Jesos Adrian Parkes; Respondent: The University of Newcastle
Jurisdiction: Australia
Judgment Date: 06 August 2012
Procedural Posture: Interlocutory Application / Application for Leave to Proceed After Complaint Declined
Outcome: Leave to proceed with complaint refused
Legal Topics: Race Discrimination, Leave to Proceed, Direct Discrimination

Equal Opportunity Race Discrimination Leave to Proceed Direct Discrimination

Case Brief

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Parties

Jesos Adrian Parkes

Applicant

The University of Newcastle

Respondent

Procedural Posture

Interlocutory Application / Application for Leave to Proceed After Complaint Declined

Legal Issues

1 Whether leave should be granted for a complaint of race discrimination against the University to proceed
2 Whether the alleged conduct was connected to the applicant's race

Ratio Decidendi

There is nothing specific to connect the alleged conduct with Mr Parkes' race; permission for the complaint to proceed is refused as it is not fair or just.

Court Disposition

Leave to proceed with complaint refused

Orders

Leave is refused for the complaint to proceed