Udeh v University of Newcastle [2018] NSWCATAD 66

Udeh v University of Newcastle [2018] NSWCATAD 66

Leave was granted because the alleged conduct, if proven, might amount to a contravention of the Anti-Discrimination Act 1977 (NSW), and in the particular circumstances it was fair and just to allow the complaint to proceed. Although the late raising of the alleged Dun statement and the absence of findings of impropriety in prior reviews weighed against Dr Udeh, the key factual issue of whether the statement was made had not been tested or externally reviewed, Dr Udeh had provided an explanation for not raising it earlier, the available material did not contain a direct response from Dr Dun, and prior reviews were largely limited to procedural irregularity rather than the merits of the...

Jurisdiction
Australia
Judgment Date
23 March 2018
Procedural Posture
Race Discrimination Complaint Under the Anti Discrimination Act 1977 (nsw) / Application for Leave Under S 96(1) for a Declined Complaint to Proceed Before the Tribunal
Outcome
Leave granted for the complaint to proceed.
Legal Topics
['race Discrimination by Educational Authority' 'leave for Declined Complaint to Proceed' 'termination of Higher Degree Candidature' 'adequacy of Academic Supervision' 'direct Discrimination' 'circumstantial Proof of Discrimination']
['human Rights' 'equal Opportunity' 'anti Discrimination Law' 'education Law' 'administrative Law'] ['race Discrimination by Educational Authority' 'leave for Declined Complaint to Proceed' 'termination of Higher Degree Candidature' 'adequacy of Academic Supervision' 'direct Discrimination' 'circumstantial Proof of Discrimination']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Race Discrimination Complaint Under the Anti Discrimination Act 1977 (nsw) / Application for Leave Under S 96(1) for a Declined Complaint to Proceed Before the Tribunal

Legal Issues

  1. 1 ['Whether leave should be granted under s 96(1) of the Anti-Discrimination Act 1977 (NSW) for the complaint to proceed after the President declined it as lacking in substance.' 'Whether the alleged conduct, if proven, could amount to race discrimination by an educational authority under ss 7 and 17 of the Anti-Discrimination Act 1977 (NSW).' 'Whether it was fair and just to permit the complaint to proceed despite prior internal and external reviews and the late raising of the alleged statement by Dr Dun.' 'Whether the alleged statement by Dr Dun and alleged inadequate supervision should be tested in Tribunal proceedings.']

Ratio Decidendi

Leave was granted because the alleged conduct, if proven, might amount to a contravention of the Anti-Discrimination Act 1977 (NSW), and in the particular circumstances it was fair and just to allow the complaint to proceed. Although the late raising of the alleged Dun statement and the absence of findings of impropriety in prior reviews weighed against Dr Udeh, the key factual issue of whether the statement was made had not been tested or externally reviewed, Dr Udeh had provided an explanation for not raising it earlier, the available material did not contain a direct response from Dr Dun, and prior reviews were largely limited to procedural irregularity rather than the merits of the...

Court Disposition

Leave granted for the complaint to proceed.

Orders

  • ['Leave is granted under s 96(1) of the Anti-Discrimination Act 1977 (NSW), for the complaint to proceed.']