Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sharma v Legal Aid (Qld) [2002] FCAFC 196
HUMAN RIGHTS & EQUAL OPPORTUNITY – racial discrimination in employment – whether primary judge erred in concluding that decisions not to appoint candidate were not based on race – Racial Discrimination Act 1975 (Cth) ss 9, 15
PRACTICE & PROCEDURE – circumstantial evidence – cumulative effect of evidence – whether primary judge failed to use advantage or acted on evidence which was inconsistent with facts – role of appellate court Racial Discrimination Act 1975 (Cth) s 9, 15 Glasgow City Council v Zafar [1998] 2 All ER 953 cited Nagarajan v London Regional Transport [1999] 3 WLR 425 cited Briginshaw v Briginshaw (1938) 60 CLR 336 referred to Department of Health v Arumugam [1988] VR 319 cited Chamberlain v The Queen [No 2] (1983-1984) 153 CLR 521 applied Devries v Australian National Railways Commission (1992-1993) 177 CLR 472 cited State Rail Authority of NSW v Earthline Constructions Pty Ltd (in liq) (1998-1999) 160 ALR 588 cited NARENDRA KUMAR SHARMA v LEGAL AID (QLD) Q 284 OF 2001 HEEREY, MANSFIELD & HELY JJ 21 JUNE 2002 SYDNEY (HEARD IN BRISBANE)
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 284 OF 2001
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: NARENDRA KUMAR SHARMA
APPELLANT
AND: LEGAL AID (QLD)
RESPONDENT
JUDGES: HEEREY, MANSFIELD & HELY JJ
DATE OF ORDER: 21 JUNE 2002
WHERE MADE: SYDNEY (HEARD IN BRISBANE)
THE COURT ORDERS THAT: 1. The appeal be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 284 OF 2001
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: NARENDRA KUMAR SHARMA
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