Shaikh v Police and Community Youth Clubs NSW Ltd & Ors [2003] NSWADT 15

Shaikh v Police and Community Youth Clubs NSW Ltd & Ors [2003] NSWADT 15

Although the Tribunal was satisfied that Mr Shaikh had purchased a ticket, it was not persuaded that the questioning or removal from the hall amounted to less favourable treatment than a hypothetical patron not of his race in materially similar circumstances, nor that race was a reason for the treatment. The Tribunal was also not comfortably satisfied that Mr Dowling used the alleged words "you Indian bastard". The complaints of race discrimination and racial vilification were therefore not made out, making it unnecessary to decide the first respondent's liability under s 53.

Jurisdiction
Australia
Judgment Date
22 January 2003
Procedural Posture
Race Discrimination and Racial Vilification Complaints Concerning Provision of Goods and Services / Principal Matter
Outcome
The complaints of race discrimination and vilification are dismissed.
Legal Topics
['race Discrimination' 'provision of Goods and Services' 'racial Vilification' 'vicarious Liability' 'standard of Proof']
['anti Discrimination Law' 'equal Opportunity'] ['race Discrimination' 'provision of Goods and Services' 'racial Vilification' 'vicarious Liability' 'standard of Proof']

Case Brief

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Procedural Posture

Race Discrimination and Racial Vilification Complaints Concerning Provision of Goods and Services / Principal Matter

Legal Issues

  1. 1 ['Whether Mr Dowling unreasonably suspected or accused Mr Shaikh of not purchasing a ticket.' 'Whether Mr Shaikh was forcibly removed from the dance hall.' 'Whether Mr Shaikh showed his ticket upon request.' 'Whether Mr Dowling used the words "you Indian bastard" or "you black bastard" in respect of Mr Shaikh.' 'Whether any conduct by the second respondents constituted less favourable treatment on the ground of race for the purposes of s 19 of the Anti-Discrimination Act (NSW) 1977.' 'Whether any words used by Mr Dowling constituted racial vilification under s 20C of the Anti-Discrimination Act (NSW) 1977.' 'Whether the first respondent was liable under s 53 of the Anti-Discrimination Act (NSW) 1977 for any contravention by the second respondents.']

Ratio Decidendi

Although the Tribunal was satisfied that Mr Shaikh had purchased a ticket, it was not persuaded that the questioning or removal from the hall amounted to less favourable treatment than a hypothetical patron not of his race in materially similar circumstances, nor that race was a reason for the treatment. The Tribunal was also not comfortably satisfied that Mr Dowling used the alleged words "you Indian bastard". The complaints of race discrimination and racial vilification were therefore not made out, making it unnecessary to decide the first respondent's liability under s 53.

Court Disposition

The complaints of race discrimination and vilification are dismissed.

Orders

  • ['The complaints of race discrimination and vilification are dismissed.' 'Respondents to file and serve brief written submissions on costs, if they so elect within 14 days of the date of this decision.' "The complainant to file and serve brief written submissions in reply if he so elects within 14 days of receiving...