Hassan v Hume [2004] FCA 886)

FEDERAL COURT OF AUSTRALIA

Hassan v Hume [2004] FCA 886

HUMAN RIGHTS - discrimination and victimisation – universities – doctoral student enrolled at University of New South Wales – enrolment and scholarship cancelled for non-disclosure in application – information of previous enrolment and disciplinary proceedings provided by University of Adelaide – prior complaint to Human Rights and Equal Opportunity Commission against University of Adelaide – complaint to Human Rights and Equal Opportunity Commission about cancellation of enrolment and scholarship by University of New South Wales and provision of information by University of Adelaide – general allegation of discrimination and victimisation – complaint terminated – application to Federal Magistrates Court – application dismissed summarily – no reasonable cause of action – appeal to Federal Court – appeal dismissed – no issue of principle Racial Discrimination Act 1975 (Cth) s 17, s 27 Human Rights and Equal Opportunity Commission Act 1986 (Cth) s 46PH, s 46PO Federal Court of Australia Act 1976 (Cth) s 25(1A) Federal Magistrates Court Rules r 13.7, r 13.10 General Steel Industries Inc v Commissioner of Railways (1964) 112 CLR 125 cited GHALI HASSAN v PROFESSOR ROY HUME AND ANOTHER W 247 OF 2003 FRENCH J 7 JULY 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W247 OF 2003

On Appeal from the Federal Magistrates Court of Australia

BETWEEN: GHALI HASSAN

APPELLANT

AND: PROFESSOR RORY HUME (University of NSW)

FIRST RESPONDENT

PROFESSOR JAMES McWHA (University of Adelaide)

SECOND RESPONDENT JUDGE: FRENCH J

DATE OF ORDER: 7 JULY 2004

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The appeal be dismissed.

2. The appellant pay the respondents' costs of the appeal.