Faruque v TFT Pty Ltd trading as L J Hooker Westmead [2009] NSWADT 261

Faruque v TFT Pty Ltd trading as L J Hooker Westmead [2009] NSWADT 261

There was no evidence that the respondent knew of Mr Faruque's racial background during the relevant period or treated him less favourably on the basis of race; the steps taken to address the repair were reasonable and not motivated by race. Thus, the applicant failed to establish direct race discrimination.

Parties
Applicant: Omar Faruque; Respondent: TFT Pty Ltd trading as L J Hooker Westmead
Jurisdiction
Australia
Judgment Date
14 August 2009
Procedural Posture
Complaint of Race Discrimination / Final Decision
Outcome
Application dismissed
Legal Topics
Race Discrimination, Service Provision, Direct Discrimination
Anti Discrimination Law Residential Tenancies Race Discrimination Service Provision Direct Discrimination

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Parties

Omar Faruque

Applicant

TFT Pty Ltd trading as L J Hooker Westmead

Respondent

Procedural Posture

Complaint of Race Discrimination / Final Decision

Legal Issues

  1. 1 Whether the respondent discriminated against the applicant on the ground of race in the provision of services under the Anti-Discrimination Act 1977],
  2. 2 Whether delay in repairing the air conditioner's remote control amounted to direct race discrimination

Ratio Decidendi

There was no evidence that the respondent knew of Mr Faruque's racial background during the relevant period or treated him less favourably on the basis of race; the steps taken to address the repair were reasonable and not motivated by race. Thus, the applicant failed to establish direct race discrimination.

Court Disposition

Application dismissed

Orders

  • Application dismissed