ERG (on behalf of ABC) v St Catherine’s School Sydney; ERG v St Catherine’s School Sydney [2021] NSWCATAD 144

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ERG (on behalf of ABC) v St Catherine's School Sydney; ERG v St Catherine's School Sydney [2021] NSWCATAD 144 Hearing dates: 7 April 2021 Date of orders: 1 June 2021 Decision date: 01 June 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member Decision: 1. Leave to proceed with the complaint of race discrimination is refused. 2. Leave to proceed with the complaint of victimisation is refused. Catchwords: HUMAN RIGHTS – discrimination – race – less favourable treatment – same or not materially different circumstances – causation HUMAN RIGHTS – victimisation - causation HUMAN RIGHTS – Tribunals – Civil and Administrative Tribunal -- leave to commence proceedings – principles concerning grant of leave Legislation Cited: Anti-Discrimination Act 1977 (NSW) Disability Discrimination Act 1992 (Cth) Cases Cited: Bogie v The University of Western Sydney (1990) EOC 92–313 Dutt v Central Coast Area Health Service [2002] NSWADT 133 Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143 Masters v Reserve Hotels Pty Ltd atf the NBF Trust [2020] NSWCATAD 115 Nicholls and Nicholls v Director General Department of Education and Training (No 2) [2009] NSWADTAP 20 Peng v Secretary for the NSW Ministry of Health in respect of the NSW Health Service, NSW Health Pathology Division [2018] NSWCATAD 210 Prakash v Bobb Borg Enterprises Pty Ltd [1999] NSWADT 73 Purvis v State of New South Wales [2003] HCA 62; (2003) 217 CLR 92 Seltsam Pty Ltd v McGuiness [2000] NSWCA 29; (2000) 49 NSWLR 262 Sivananthan v Commissioner of Police, New South Wales Police Service [2001] NSWADT 44 Texts Cited: Nil Category: Procedural rulings Parties: ERG (Applicant) St Catherine's School (Respondent) Representation: Counsel: M Seck (Respondent)