Sleiman v Kmart Australia Limited [2003] NSWADT 21

Sleiman v Kmart Australia Limited [2003] NSWADT 21

The Tribunal found no substantiated evidence that Mr Sleiman was treated less favourably on the ground of his race. The evidence of racial comments was not accepted, the applicant's evidence was found unreliable, and the ban was found to be based on persistent adverse conduct rather than race. Accordingly, the complaint was dismissed and costs awarded against the applicant.

Jurisdiction
Australia
Judgment Date
31 January 2003
Procedural Posture
Race Discrimination Complaint – Provision of Goods and Services / Final Determination (decision After Hearing)
Outcome
Complaint dismissed. Costs awarded against the applicant.
Legal Topics
['race Discrimination' 'goods and Services Discrimination' 'comparator Test' 'costs in Discrimination Proceedings']
['anti Discrimination Law'] ['race Discrimination' 'goods and Services Discrimination' 'comparator Test' 'costs in Discrimination Proceedings']

Case Brief

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Procedural Posture

Race Discrimination Complaint – Provision of Goods and Services / Final Determination (decision After Hearing)

Legal Issues

  1. 1 ['Whether the respondent discriminated against the applicant on the ground of race in the provision of goods and services under the Anti-Discrimination Act 1977 (NSW)' 'Whether the alleged conduct (banning from store, comments by staff) was on the ground of the applicant’s race' 'Whether compensation or costs should be awarded']

Ratio Decidendi

The Tribunal found no substantiated evidence that Mr Sleiman was treated less favourably on the ground of his race. The evidence of racial comments was not accepted, the applicant's evidence was found unreliable, and the ban was found to be based on persistent adverse conduct rather than race. Accordingly, the complaint was dismissed and costs awarded against the applicant.

Court Disposition

Complaint dismissed. Costs awarded against the applicant.

Orders

  • ['Pursuant to s113 the complaint is dismissed.' 'Pursuant to s114(2) the complainant shall pay the reasonable costs of the respondent relating to the conduct of the hearing on 25 and 26 February 2002, on a party-party basis, in a sum to be agreed between the parties within 60 days of the making of these orders,...