Yang v Kumar [2014] NSWCATAD 99

Yang v Kumar [2014] NSWCATAD 99

Leave was refused because Mr Yang was highly unlikely to prove that Dr Kumar breached the Anti-Discrimination Act 1977 (NSW); the evidence did not establish that Dr Kumar provided a service to Mr Yang within the meaning of the Act or treated him less favourably on the ground of race.

Parties
Applicant: Xiaolong Yang; Respondent: Damodaran Kumar
Jurisdiction
Australia
Judgment Date
15 July 2014
Procedural Posture
Interlocutory Application / Application for Leave to Proceed With Complaint
Outcome
Leave refused; complaint not to proceed
Legal Topics
Race Discrimination, Provision of Goods and Services, Leave to Proceed, Administrative Review
Anti Discrimination Law Race Discrimination Provision of Goods and Services Leave to Proceed Administrative Review

Case Brief

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Parties

Xiaolong Yang

Applicant

Damodaran Kumar

Respondent

Procedural Posture

Interlocutory Application / Application for Leave to Proceed With Complaint

Legal Issues

  1. 1 Whether leave should be granted for a complaint of race discrimination to proceed
  2. 2 Whether Dr Kumar's conduct amounted to direct race discrimination under the Anti-Discrimination Act 1977 (NSW)

Ratio Decidendi

Leave was refused because Mr Yang was highly unlikely to prove that Dr Kumar breached the Anti-Discrimination Act 1977 (NSW); the evidence did not establish that Dr Kumar provided a service to Mr Yang within the meaning of the Act or treated him less favourably on the ground of race.

Court Disposition

Leave refused; complaint not to proceed

Orders

  • Leave is refused for the applicant's complaint of race discrimination to proceed.