Trapman v Evatt [2015] NSWCATAD 219

Trapman v Evatt [2015] NSWCATAD 219

The Tribunal was not satisfied that Mr Evatt uttered the alleged words or words to that effect. The contrary evidence of Mr Evatt and the independent eyewitness Ms Hawkins, the inherent unlikelihood of the allegation in light of Mr Trapman's continued conferences with Mr Evatt and acceptance of representation at mediation, his thanks after settlement, and the unexplained delay in complaint meant the discrimination claim was not made out.

Jurisdiction
Australia
Judgment Date
22 October 2015
Procedural Posture
Discrimination Application Alleging Direct Race Discrimination in the Provision of Legal Services / Principal Judgment After Hearing
Outcome
Application dismissed
Legal Topics
['race Discrimination' 'direct Discrimination' 'provision of Goods or Services' 'legal Services' 'alleged Racist Language']
['discrimination Law' 'equal Opportunity Law'] ['race Discrimination' 'direct Discrimination' 'provision of Goods or Services' 'legal Services' 'alleged Racist Language']

Case Brief

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Procedural Posture

Discrimination Application Alleging Direct Race Discrimination in the Provision of Legal Services / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether Mr Evatt said the words alleged or words to that effect in conference with Mr Trapman and Ms Hawkins on a date in June 2013.' 'If he did, whether in doing so he treated Mr Trapman less favourably than he treated or would have treated other non-Aboriginal persons in the same circumstances or circumstances not materially different on the grounds of his race, in the terms on which he provided legal services.']

Ratio Decidendi

The Tribunal was not satisfied that Mr Evatt uttered the alleged words or words to that effect. The contrary evidence of Mr Evatt and the independent eyewitness Ms Hawkins, the inherent unlikelihood of the allegation in light of Mr Trapman's continued conferences with Mr Evatt and acceptance of representation at mediation, his thanks after settlement, and the unexplained delay in complaint meant the discrimination claim was not made out.

Court Disposition

Application dismissed

Orders

  • ['Application dismissed']