Miles Whippy v Never Stop Water Pty Ltd [2021] NSWCATAD 216

Miles Whippy v Never Stop Water Pty Ltd [2021] NSWCATAD 216

Leave was refused because the subject-matter of Mr Whippy's racial vilification complaint had been considered by the Australian Human Rights Commission and attempted to be resolved by conciliation, making it not fair and just to re-litigate the matter in NCAT; the Tribunal also considered the claim and available evidence lacking in substance and insufficient to establish an arguable case meeting the threshold for racial vilification under s 20C of the Anti-Discrimination Act 1977 (NSW).

Jurisdiction
Australia
Judgment Date
26 July 2021
Procedural Posture
Human Rights; Equal Opportunity Complaint Involving Racial Vilification Under the Anti Discrimination Act 1977 (nsw) / Application for Leave for a Declined Complaint Referred Under S 93 a to Proceed Before the Tribunal
Outcome
Leave for the complaint against Never Stop Water Pty Limited to proceed is refused.
Legal Topics
['race Discrimination' 'racial Vilification' 'leave to Proceed' 'anti Discrimination Board Complaint' 'complaint Declined Where Subject Matter Dealt With by Another Person or Body']
['human Rights' 'equal Opportunity' 'administrative Law'] ['race Discrimination' 'racial Vilification' 'leave to Proceed' 'anti Discrimination Board Complaint' 'complaint Declined Where Subject Matter Dealt With by Another Person or Body']

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Procedural Posture

Human Rights; Equal Opportunity Complaint Involving Racial Vilification Under the Anti Discrimination Act 1977 (nsw) / Application for Leave for a Declined Complaint Referred Under S 93 a to Proceed Before the Tribunal

Legal Issues

  1. 1 ['Whether the complaint referred to the Tribunal after being declined by the President could proceed without leave under s 96(1) of the Anti-Discrimination Act 1977 (NSW).' 'Whether it was fair and just to grant leave where the subject-matter had been considered by the Australian Human Rights Commission and attempted to be resolved by conciliation.' 'Whether the available evidence established an arguable case of racial vilification under s 20C of the Anti-Discrimination Act 1977 (NSW).']

Ratio Decidendi

Leave was refused because the subject-matter of Mr Whippy's racial vilification complaint had been considered by the Australian Human Rights Commission and attempted to be resolved by conciliation, making it not fair and just to re-litigate the matter in NCAT; the Tribunal also considered the claim and available evidence lacking in substance and insufficient to establish an arguable case meeting the threshold for racial vilification under s 20C of the Anti-Discrimination Act 1977 (NSW).

Court Disposition

Leave for the complaint against Never Stop Water Pty Limited to proceed is refused.

Orders

  • ['Leave for the complaint against Never Stop Waste Pty Limited to proceed is refused.']