Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Forozandeh v Sky City Adelaide Casino [2006] FCA 924 SHAHRAM FOROZANDEH v SKY CITY ADELAIDE CASINO SAD 43 of 2006 MANSFIELD J 25 JULY 2006 ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 43 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SHAHRAM FOROZANDEH
APPELLANT
AND: SKY CITY ADELAIDE CASINO
RESPONDENT
JUDGE: MANSFIELD J
DATE OF ORDER: 25 JULY 2006
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. The appeal is 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
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 43 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SHAHRAM FOROZANDEH
APPELLANT
AND: SKY CITY ADELAIDE CASINO
RESPONDENT
JUDGE: MANSFIELD J
DATE: 25 JULY 2006
PLACE: ADELAIDE
REASONS FOR JUDGMENT
introduction 1 On 18 June 2003 Mr Forozandeh complained to the Human Rights and Equal Opportunity Commissioner that he had been discriminated against by Sky City by being refused entry to a private members room (the Grange Room) at the Adelaide Casino in about June 2001. The alleged incident occurred, he said, by the VIP Operations Manager of Sky City, Albert Davia, refusing him entry to the Grange Room because he 'had had bad experiences with Persians in Melbourne'. Mr Forozandeh complained that he had been discriminated against by reason of his race, contrary to the provisions of the Racial Discrimination Act 1975 (Cth). 2 Section 9 of the Racial Discrimination Act relevantly makes it unlawful for a person to do any act involving an exclusion based on race or national origin, which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on equal footing, of any human right or fundamental freedom in the political, economic, social, cultural or any other field of public life. Nothing turns upon the precise terms of the relevant provisions. HREOC was unable to resolve the complaint. Consequently, Mr Forozandeh applied to the Federal Magistrates Court on 7 January 2004 for a determination that he had been discriminated against by Sky City, contrary to the provisions of the Racial Discrimination Act and for remedial orders.
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