Paramasivam v University of New South Wales [2007] FCAFC 176

FEDERAL COURT OF AUSTRALIA

Paramasivam v University of New South Wales [2007] FCAFC 176

PRACTICE AND PROCEDURE – appeal from summary judgment by single judge – section 31A(2) of the Federal Court of Australia Act 1976 (Cth) – application concerning alleged racial discrimination brought under Human Rights and Equal Opportunity Commission Act 1986 (Cth) – no reasonable prospect of successfully defending the proceeding – whether appropriate to assess evidence on motion for summary dismissal HELD – appropriate to assess evidence on motion for summary dismissal - evidence does not support allegation of racial discrimination – appeal dismissed Human Rights and Equal Opportunity Commission Act 1986 (Cth) Racial Discrimination Act 1975 (Cth) Federal Court of Australia Act 1976 (Cth) International Convention on the Elimination of all Forms of Racial Discrimination (1 January 1975) 1975 ATS 40 Boston Commercial Services Pty Ltd v GE Capital Finance Australasia Pty Ltd (2006) 236 ALR 720 cited Duncan v Lipscombe Charles Care Service Inc (2006) 150 IR 471 cited Webster v Lampard (1993) 177 CLR 598 cited GAJA LAKSHMI PARAMASIVAM v UNIVERSITY OF NEW SOUTH WALES NSD 1138 OF 2007

MANSFIELD, JACOBSON & MIDDLETON JJ

23 NOVEMBER 2007

SYDNEY (BY TELEPHONE)

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1138 OF 2007

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: GAJA LAKSHMI PARAMASIVAM

Appellant

AND: UNIVERSITY OF NEW SOUTH WALES

Respondent

JUDGES: MANSFIELD, JACOBSON & MIDDLETON JJ DATE OF ORDER: 23 NOVEMBER 2007

WHERE MADE: SYDNEY (BY TELEPHONE)

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay to the respondent its costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA