Sasterawan v SSS Electronics Pty Ltd [2006] NSWADT 140

Sasterawan v SSS Electronics Pty Ltd [2006] NSWADT 140

Leave was refused because, even assuming the alleged racist comments were made, the complaint had no reasonable prospects of success: the comments alleged assumed Mr Sasterawan was Indian whereas he told the Tribunal he was Indonesian, and there was no authority identified that discrimination on the ground of a race that is not the aggrieved person's race breaches the Anti-Discrimination Act 1977; further, the complaint concerned the manner in which repair services were provided rather than the terms on which they were provided.

Jurisdiction
Australia
Judgment Date
11 May 2006
Procedural Posture
Application for Leave to Proceed With a Complaint of Race Discrimination / Preliminary Matter
Outcome
Leave is refused.
Legal Topics
['race Discrimination' 'provision of Goods or Services' 'leave to Proceed After Complaint Declined as Lacking in Substance' 'reasonable Prospects of Success']
['anti Discrimination Law' 'equal Opportunity'] ['race Discrimination' 'provision of Goods or Services' 'leave to Proceed After Complaint Declined as Lacking in Substance' 'reasonable Prospects of Success']

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Procedural Posture

Application for Leave to Proceed With a Complaint of Race Discrimination / Preliminary Matter

Legal Issues

  1. 1 ['Whether leave should be granted under s 96 of the Anti-Discrimination Act 1977 for a complaint declined as lacking in substance to proceed.' "Whether the alleged comments amounted to less favourable treatment on the ground of Mr Sasterawan's race under s 7 of the Anti-Discrimination Act 1977." 'Whether the alleged conduct concerned the terms on which repair services were provided, rather than merely the manner in which those services were provided, for the purposes of s 19 of the Anti-Discrimination Act 1977.']

Ratio Decidendi

Leave was refused because, even assuming the alleged racist comments were made, the complaint had no reasonable prospects of success: the comments alleged assumed Mr Sasterawan was Indian whereas he told the Tribunal he was Indonesian, and there was no authority identified that discrimination on the ground of a race that is not the aggrieved person's race breaches the Anti-Discrimination Act 1977; further, the complaint concerned the manner in which repair services were provided rather than the terms on which they were provided.

Court Disposition

Leave is refused.

Orders

  • ['Leave is refused.']