Moran v Northern Illawarra Aboriginal Collective Incorporated [2008] NSWADT 114
The applicant was not shown to be an employee or applicant for employment at the relevant times, and there was no evidence, direct or circumstantial, that the refusal of work was based on race. Therefore, there is no substantial reason for leave to proceed, nor any reasonable prospect of success under the Act; leave is refused.
- Jurisdiction
- Australia
- Judgment Date
- 08 April 2008
- Procedural Posture
- Application for Leave to Proceed (race Discrimination) / Preliminary Matter Leave to Proceed After Complaint Declined by ADB
- Outcome
- Leave to proceed is refused.
- Legal Topics
- ['race Discrimination' 'employment Discrimination' 'application for Leave to Proceed' 'jurisdiction of Tribunal']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Leave to Proceed (race Discrimination) / Preliminary Matter Leave to Proceed After Complaint Declined by ADB
Legal Issues
- 1 ['Whether there is a substantial reason for granting leave to proceed with complaint refused by the Anti-Discrimination Board' 'Whether the complaint has reasonable prospects of success under Anti-Discrimination Act 1977']
Ratio Decidendi
The applicant was not shown to be an employee or applicant for employment at the relevant times, and there was no evidence, direct or circumstantial, that the refusal of work was based on race. Therefore, there is no substantial reason for leave to proceed, nor any reasonable prospect of success under the Act; leave is refused.
Court Disposition
Leave to proceed is refused.
Orders
- ['Leave is refused.']
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