Hagan v Trustees of the Toowoomba Sports Ground Trust [2001] FCA 123

FEDERAL COURT OF AUSTRALIA

Hagan v Trustees of the Toowoomba Sports Ground Trust FCA [2001] 123

DISCRIMINATION – maintaining sign "The ES 'Nigger' Brown Stand" designating football grandstand – whether an act is reasonably likely to offend, insult, humiliate or intimidate another person or group of people of particular racial group – whether act done because of race – whether considerations of race must lead to act causing offence in order to render act unlawful – unlawful racial discrimination – whether act involved a distinction or preference based on race Human Rights and Equal Opportunity Commission Act 1986, ss 46PO, 46PR Racial Discrimination Act 1975, ss 9(1), 18C Federal Court of Australia Act 1976 s 27 International Convention on the Elimination of All Forms of Racial Discrimination, Article 5 Macedonian Teachers' Association of Victoria Inc v HREOC (1998) 160 ALR 489 Aboriginal Legal Rights Movement Inc v South Australia (No 1) (1995) 64 SASR 551 Nouredine v Minister for Immigration & Multicultural Affairs (1999) 165 ALR 401

STEPHEN HAGAN v TRUSTEES OF THE TOOWOOMBA SPORTS GROUND TRUST

Q157 of 2000

RYAN, DOWSETT and HELY JJ

BRISBANE

23 FEBRUARY 2001

IN THE FEDERAL COURT OF AUSTRALIA

BRISBANE DISTRICT REGISTRY Q157 of 2000

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: STEPHEN HAGAN

Appellant

AND: TRUSTEES OF THE TOOWOOMBA SPORTS GROUND TRUST

Respondent

JUDGES: RYAN, DOWSETT and HELY JJ

DATE OF ORDER: 23 FEBRUARY 2001

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal, to be taxed in default of agreement. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA