Coomaraswamy v University of New South Wales [2016] NSWCATAD 41

Coomaraswamy v University of New South Wales [2016] NSWCATAD 41

Leave was refused because there was no direct evidence, and no evidentiary basis for drawing an inference, that the applicant's race, age or disability was a reason for any University decision or treatment. The evidence indicated that the applicant was given additional opportunities and support, that the University terminated his further enrolment after unsatisfactory practicum performance, and that his complaints and appeal were investigated. His sleep apnoea had not been disclosed to the University before the relevant support issues, and the comments about English language skills were feedback rather than a detriment or race-, age- or disability-based treatment.

Jurisdiction
Australia
Judgment Date
01 March 2016
Procedural Posture
Application for Leave to Proceed With a Declined Discrimination Complaint / Decision on Leave Under Anti Discrimination Act 1977 (nsw), S 96
Outcome
Leave refused
Legal Topics
['race Discrimination' 'age Discrimination' 'disability Discrimination' 'leave to Proceed With Declined Complaint' 'educational Authority' 'direct Discrimination' 'detriment' 'causation by Inference']
['anti Discrimination Law' 'administrative Law' 'education Law'] ['race Discrimination' 'age Discrimination' 'disability Discrimination' 'leave to Proceed With Declined Complaint' 'educational Authority' 'direct Discrimination' 'detriment' 'causation by Inference']

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Procedural Posture

Application for Leave to Proceed With a Declined Discrimination Complaint / Decision on Leave Under Anti Discrimination Act 1977 (nsw), S 96

Legal Issues

  1. 1 ["Whether it was fair and just to grant leave for the applicant's declined complaint to proceed under Anti-Discrimination Act 1977 (NSW), s 96." "Whether there was direct evidence or a basis to infer that the applicant's race, age or disability was a reason for the University's alleged conduct." 'Whether the alleged inadequate support, termination of enrolment, comments about English language skills, and investigation of complaints could substantiate direct discrimination by an educational authority.']

Ratio Decidendi

Leave was refused because there was no direct evidence, and no evidentiary basis for drawing an inference, that the applicant's race, age or disability was a reason for any University decision or treatment. The evidence indicated that the applicant was given additional opportunities and support, that the University terminated his further enrolment after unsatisfactory practicum performance, and that his complaints and appeal were investigated. His sleep apnoea had not been disclosed to the University before the relevant support issues, and the comments about English language skills were feedback rather than a detriment or race-, age- or disability-based treatment.

Court Disposition

Leave refused

Orders

  • ["Leave is refused for the applicant's complaint of race, disability and age discrimination to proceed."]