Sydney University Postgraduate Representative Assn v Minister for Transport & ors (No 2); Nuevo v Minister for Transport & ors (No 2); Neira v Minister for Transport & ors (No 2) [2006] NSWADT 260

Sydney University Postgraduate Representative Assn v Minister for Transport & ors (No 2); Nuevo v Minister for Transport & ors (No 2); Neira v Minister for Transport & ors (No 2) [2006] NSWADT 260

The agreed economic losses were recoverable as damages and interest was appropriate because the applicants had lost the use of money paid for public transport fares without concessions to which they were entitled. The former s 113(1)(b)(ii) authorised an order preventing the Minister from continuing discriminatory conduct on the ground of nationality, even though the order would benefit persons beyond the applicants, and proposed legislative change did not relieve the Tribunal from applying the law as it stood. The applicants were entitled to costs because they had succeeded against well-resourced respondents in claims that required legal assistance and had legal strength apparent from...

Jurisdiction
Australia
Judgment Date
06 September 2006
Procedural Posture
Race Discrimination Complaint Concerning Goods and Services / Remedies After Complaints Were Found Substantiated
Outcome
Remedies granted: damages with interest, injunctive-style orders against the first respondent, costs, and liberty to apply.
Legal Topics
['race Discrimination on the Ground of Nationality' 'provision of Services' 'economic Loss and Interest' 'injunctive Style Orders' 'tribunal Remedial Powers' 'costs Orders']
['anti Discrimination Law' 'administrative Law' 'public Transport Concessions' 'costs'] ['race Discrimination on the Ground of Nationality' 'provision of Services' 'economic Loss and Interest' 'injunctive Style Orders' 'tribunal Remedial Powers' 'costs Orders']

Case Brief

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Procedural Posture

Race Discrimination Complaint Concerning Goods and Services / Remedies After Complaints Were Found Substantiated

Legal Issues

  1. 1 ['Whether the applicants should receive damages for economic loss and interest after being denied concessional travel on public transport services.' 'Whether the Tribunal had power under the former s 113 of the Anti-Discrimination Act 1977 to make injunctive-style orders preventing continued discrimination on the ground of nationality.' 'Whether an injunctive-style order could benefit persons other than the applicants.' 'Whether proposed legislative change made an injunctive-style order futile or inappropriate.' "Whether the respondents should be ordered to pay the applicants' costs."]

Ratio Decidendi

The agreed economic losses were recoverable as damages and interest was appropriate because the applicants had lost the use of money paid for public transport fares without concessions to which they were entitled. The former s 113(1)(b)(ii) authorised an order preventing the Minister from continuing discriminatory conduct on the ground of nationality, even though the order would benefit persons beyond the applicants, and proposed legislative change did not relieve the Tribunal from applying the law as it stood. The applicants were entitled to costs because they had succeeded against well-resourced respondents in claims that required legal assistance and had legal strength apparent from...

Court Disposition

Remedies granted: damages with interest, injunctive-style orders against the first respondent, costs, and liberty to apply.

Orders

  • ['SUPRA v Minister for Transport Services and ors (file no 041012): The respondents must pay to the represented person, Mr Haoyu Wang, damages of $483 (being economic loss of $389 and interest of $94) within 28 days of the date of this order.' 'SUPRA v Minister for Transport Services and ors (file no 041012): When...