Hudson (No. 2) -v- Strathfield Golf Club [2000] NSWADT 140

Hudson (No. 2) -v- Strathfield Golf Club [2000] NSWADT 140

The Tribunal found an identifiable causal link between the respondent's unlawful discriminatory conduct and part of the applicant's depressive illness, which in turn affected his employability and contributed to loss of income. However, this was not the sole cause (the back injury also played a part), so the damages were discounted to reflect that discrimination was only partially responsible. The workers compensation settlement covered income loss up to July 1996, so economic loss damages were limited to the period after that date. $9020 was determined to be appropriate for past economic loss, with no award for future loss.

Parties
Applicant: Steven Hudson; Respondent: Strathfield Golf Club
Jurisdiction
Australia
Judgment Date
12 October 2000
Procedural Posture
Race Discrimination in Work / Determination of Quantum of Damages for Economic Loss After Finding of Discrimination
Outcome
Damages for past economic loss awarded to applicant
Legal Topics
Race Discrimination, Damages, Economic Loss, Workers Compensation and Discrimination Overlap
Anti Discrimination Law Race Discrimination Damages Economic Loss Workers Compensation and Discrimination Overlap

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 2 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Steven Hudson

Applicant

Strathfield Golf Club

Respondent

Procedural Posture

Race Discrimination in Work / Determination of Quantum of Damages for Economic Loss After Finding of Discrimination

Legal Issues

  1. 1 What is the appropriate quantum of damages for economic loss caused by unlawful race discrimination, given the existence of a prior workers compensation settlement?
  2. 2 Whether loss of income was causally linked to discriminatory conduct

Ratio Decidendi

The Tribunal found an identifiable causal link between the respondent's unlawful discriminatory conduct and part of the applicant's depressive illness, which in turn affected his employability and contributed to loss of income. However, this was not the sole cause (the back injury also played a part), so the damages were discounted to reflect that discrimination was only partially responsible. The workers compensation settlement covered income loss up to July 1996, so economic loss damages were limited to the period after that date. $9020 was determined to be appropriate for past economic loss, with no award for future loss.

Court Disposition

Damages for past economic loss awarded to applicant

Orders

  • The Tribunal orders that the respondent pay to the applicant the sum of $9020 within fourteen days of the date of this order.