Habib v State of NSW (NSW Police Force) [2013] NSWADT 66

Habib v State of NSW (NSW Police Force) [2013] NSWADT 66

It is fair and just for leave to be granted for the applicant's complaint to proceed because it is arguable that the NSW Police were providing services to Mr Habib and there is evidence of less favourable treatment which may plausibly be inferred to arise from his race in the circumstances.

Jurisdiction
Australia
Judgment Date
28 March 2013
Procedural Posture
Application for Leave to Proceed With Complaint / Leave to Proceed Granted; Listed for Case Conference
Outcome
Leave granted for complaint to proceed
Legal Topics
['race Discrimination' 'provision of Services by Public Authority' 'police Conduct' 'direct Discrimination']
['anti Discrimination Law'] ['race Discrimination' 'provision of Services by Public Authority' 'police Conduct' 'direct Discrimination']

Case Brief

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Procedural Posture

Application for Leave to Proceed With Complaint / Leave to Proceed Granted; Listed for Case Conference

Legal Issues

  1. 1 ['Whether it is fair and just for the complaint to proceed' 'Whether NSW Police were providing services within the meaning of the Anti-Discrimination Act' 'Whether there was direct race discrimination under the Anti-Discrimination Act' 'Whether the applicant was treated less favourably due to race']

Ratio Decidendi

It is fair and just for leave to be granted for the applicant's complaint to proceed because it is arguable that the NSW Police were providing services to Mr Habib and there is evidence of less favourable treatment which may plausibly be inferred to arise from his race in the circumstances.

Court Disposition

Leave granted for complaint to proceed

Orders

  • ["Leave is granted for the applicant's complaint of race discrimination to be the subject of proceedings before the Tribunal." 'The matter is listed for a 30 minute case conference on 17 April 2013 at 10.30am.']