Haleem v Douglass Hanly Moir Pathology [2013] NSWADT 217

Haleem v Douglass Hanly Moir Pathology [2013] NSWADT 217

There is insufficient likelihood that Dr Haleem would be able to prove, on the balance of probabilities, that the refusal of service or unfavourable treatment was due to his race rather than his behaviour; accordingly, leave is refused for the complaint to proceed.

Jurisdiction
Australia
Judgment Date
04 October 2013
Procedural Posture
Anti Discrimination Complaint / Leave Application
Outcome
Leave to proceed with the race discrimination complaint is refused.
Legal Topics
['race Discrimination' 'leave to Proceed' 'service Provision' 'direct Discrimination']
['anti Discrimination Law'] ['race Discrimination' 'leave to Proceed' 'service Provision' 'direct Discrimination']

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Procedural Posture

Anti Discrimination Complaint / Leave Application

Legal Issues

  1. 1 ["Whether it is fair and just for Dr Haleem's complaint of race discrimination to proceed after the Anti-Discrimination Board declined it as lacking in substance" 'Whether Dr Haleem was refused service, treated unfavourably, or delayed by reason of his race under the Anti-Discrimination Act 1977']

Ratio Decidendi

There is insufficient likelihood that Dr Haleem would be able to prove, on the balance of probabilities, that the refusal of service or unfavourable treatment was due to his race rather than his behaviour; accordingly, leave is refused for the complaint to proceed.

Court Disposition

Leave to proceed with the race discrimination complaint is refused.

Orders

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