Coomaraswamy v Campbelltown Anglican Schools Council [2015] NSWCATAD 271

It is not fair and just for leave to be granted for the complaint to proceed because it is highly unlikely to succeed; there is doubt as to jurisdiction under the Anti-Discrimination Act, and no evidentiary basis for an inference of race discrimination.

Jurisdiction: Australia
Judgment Date: 10 November 2015
Procedural Posture: Complaint Under Anti Discrimination Act 1977 (nsw) / Application for Leave to Proceed With Declined Complaint
Outcome: Leave refused—complaint of race discrimination may not proceed.
Legal Topics: ['race Discrimination' 'leave to Proceed With Complaint' 'jurisdiction' 'merits of Discrimination Complaint']

['anti Discrimination Law'] ['race Discrimination' 'leave to Proceed With Complaint' 'jurisdiction' 'merits of Discrimination Complaint']

Case Brief

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Procedural Posture

Complaint Under Anti Discrimination Act 1977 (nsw) / Application for Leave to Proceed With Declined Complaint

Legal Issues

1 ["Whether the applicant's circumstances fall within any provision of the Anti-Discrimination Act 1977 (NSW)" 'Whether it is fair and just for leave to be granted for the complaint to proceed' 'Whether there is an evidentiary basis for race discrimination']

Ratio Decidendi

Court Disposition

Leave refused—complaint of race discrimination may not proceed.

Orders

["Leave is refused for the applicant's complaint of race discrimination to proceed."]