Paramasivam v Tay [2001] FCA 758

FEDERAL COURT OF AUSTRALIA

Paramasivam v Tay [2001] FCA 758

human rights GAJA LAKSHMI PARAMASIVAN v PROFESSOR ALICE TAY N158 of 2001 MADGWICK J 25 JUNE 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N158 of 2001

BETWEEN: GAJA LAKSHMI PARAMASIVAN

APPLICANT

AND: PROFESSOR ALICE TAY

RESPONDENT

JUDGE: MADGWICK

DATE OF ORDER: 25 JUNE 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N158 of 2001

BETWEEN: GAJA LAKSHMI PARAMASIVAN

APPLICANT

AND: PROFESSOR ALICE TAY

RESPONDENT

JUDGE: MADGWICK

DATE: 25 JUNE 2001

PLACE: SYDNEY

REASONS FOR JUDGMENT HIS HONOUR: 1 This is an application brought pursuant to s 46PO of the Human Rights & Equal Opportunity Commission Act 1986 (Cth) ("HREOCA") following the termination by the respondent, who is the President of the Human Rights & Equal Rights Commission (HREOC), of a complaint made against the respondent under the HREOCA by the applicant on 1 February 2001. The respondent had offered to terminate the applicant's complaint against her, so as to allow her to come directly to this Court, if the applicant wished, pursuant to s 46PE which makes specific provision for complaints against the President or other Commissioners of HREOC or against HREOC itself. The applicant declined that offer. 2 By her application in this Court, the applicant claims that the respondent discriminated against her in the following way: "My expressions of corporate wisdom were not treated on the same basis as those [of] others in positions of power." The applicant sought as remedies an apology from the respondent and that the respondent should: "Provide service based on the substance of my communications. If my [substance] is not suitable - explain why – objectively as per the law". 3 The applicant alleges that the action she is complaining of is discrimination pursuant to s 13(b) of the Racial Discrimination Act 1975 ("RDA") and she refers also to "Articles 5(a), 5(c), 5(e)(i) + 5(e)(v)" of the International Convention on the Elimination of All Forms of Racial Discrimination ("the Convention") to which the RDA is intended to give effect.