Paramasivam v University of New South Wales [2007] FCA 875

FEDERAL COURT OF AUSTRALIA

Paramasivam v University of New South Wales [2007] FCA 875 RACIAL DISCRIMINATION – removal of applicant from premises of University – applicant of Sri Lankan appearance – applicant's belief of racial discrimination – whether removal based partly or wholly, or sufficiently connected to, applicant's race, colour, descent or national or ethnic background – s 9 of the Racial Discrimination Act 1975 (Cth).

PRACTICE AND PROCEDURE – Summary judgment – Federal Court Act 1976 (Cth), s 31A – no reasonable prospect of success. Crimes (Sentencing Procedure) Act 1999 (NSW), s 10 Federal Court of Australia Act 1976 (Cth), 31A(2) Human Rights and Equal Opportunity Commission Act 1986 (Cth), ss 46PH(1)(c), 46PO Inclosed Lands Protection Act 1901 (NSW) Racial Discrimination Act 1975 (Cth), s 9

International Convention on the Elimination of all forms of Racial Discrimination, art 5(f)

Baird v State of Queensland (2006) 156 FCR 451, cited Boston Commercial Services Pty Ltd v GE Capital Australasia Pty Ltd (2006) 70 IPR 146, cited Duncan v Lipscombe Charles Care Service Inc [2006] FCA 458, cited General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125, considered Hagan v Trustees of the Toowoomba Sports Ground Trust [2000] FCA 1615, cited Jones v Scully (2002) 120 FCR 243, cited Paramasivam v University of New South Wales [2006] NSWSC 1189, considered Macedonian Teachers' Association of Victoria Inv v Human Rights and Equal Opportunity Commission (1998) 91 FCR 8, cited GAJA LAKSHMI PARAMASIVAM v THE UNIVERSITY OF NEW SOUTH WALES NSD 2383 OF 2006

TAMBERLIN J

19 JUNE 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2383 OF 2006

BETWEEN: GAJA LAKSHMI PARAMASIVAM

Applicant

AND: THE UNIVERSITY OF NEW SOUTH WALES