Qiu v Hunter Express [2021] NSWCATAD 374

Qiu v Hunter Express [2021] NSWCATAD 374

The applicant failed to provide evidence that her sex or race was a real or genuine reason for any less favourable treatment or denial in the provision of services, and there was no evidence connecting the respondent's actions to any prohibited discriminatory ground. Therefore, the complaint lacks substance and leave for the complaint to proceed is refused.

Jurisdiction
Australia
Judgment Date
17 December 2021
Procedural Posture
Administrative / Application for Leave to Proceed Following Presidential Dismissal Under S 92(1)(a)(i) Anti Discrimination Act 1977 (nsw)
Outcome
Leave refused to proceed; complaint dismissed.
Legal Topics
['sex Discrimination' 'racial Discrimination' 'provision of Goods and Services' 'leave to Proceed' 'causation']
['anti Discrimination' 'human Rights' 'administrative Law'] ['sex Discrimination' 'racial Discrimination' 'provision of Goods and Services' 'leave to Proceed' 'causation']

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Procedural Posture

Administrative / Application for Leave to Proceed Following Presidential Dismissal Under S 92(1)(a)(i) Anti Discrimination Act 1977 (nsw)

Legal Issues

  1. 1 ['Whether the applicant was discriminated against on the basis of sex or race in the provision of services under the Anti-Discrimination Act 1977 (NSW)' 'Whether the applicant has established a causative link between her treatment and her sex or race' 'Whether the complaint lacks substance so that leave should be refused']

Ratio Decidendi

The applicant failed to provide evidence that her sex or race was a real or genuine reason for any less favourable treatment or denial in the provision of services, and there was no evidence connecting the respondent's actions to any prohibited discriminatory ground. Therefore, the complaint lacks substance and leave for the complaint to proceed is refused.

Court Disposition

Leave refused to proceed; complaint dismissed.

Orders

  • ['Leave is refused for the complaint to proceed pursuant to s 96(1) of the Anti-Discrimination Act 1977 (NSW).']