Senthilkumaran v Gosan Pty Ltd t/as Century 21 Classic Real Estate (No 2) [2023] NSWSC 442

Supreme Court New South Wales

Medium Neutral Citation: Senthilkumaran v Gosan Pty Ltd t/as Century 21 Classic Real Estate (No 2) [2023] NSWSC 442 Hearing dates: 17 April 2023 Date of orders: 28 April 2023 Decision date: 28 April 2023 Jurisdiction: Common Law Before: Schmidt AJ Decision: 1. The proceedings be dismissed. 2. Mr Senthilkumaran bear Gosan's costs of the proceedings, as agreed or assessed. Catchwords: HUMAN RIGHTS — Discrimination — Grounds — Racial discrimination — where plaintiff lives in premises managed by defendant — where plaintiff alleges violations of Anti-Discrimination Act 1977 (NSW) after defendant's service of eviction notice on him and that the Residential Tenancies Act 2010 (NSW) applied to the premises CIVIL PROCEDURE — Jurisdiction — operation of Anti-Discrimination Act 1977 (NSW) under which complaints about breaches are to be made to the President of the Anti-Discrimination Board and unresolved complaints dealt with by NCAT — NCAT also empowered to determine disputes about whether Residential Tenancies Act 2010 (NSW) or Boarding Houses Act 2012 (NSW) applied to the premises — Supreme Court incorrect forum for plaintiff's claims CIVIL PROCEDURE — notice of motion filed by defendant — whether to set aside summons and dismiss proceedings as frivolous and vexatious — whether to strike out summons — Uniform Civil Procedure Rules 2005 (NSW), rr 12.11, 13.4, 14.28 — whether an order under Vexatious Proceedings Act 2008 (NSW), s 8 is appropriate — proceedings dismissed EVIDENCE — Course of evidence — where orders made for service of evidence not complied with by plaintiff — whether to admit evidence plaintiff sought to rely on at hearing — where some evidence included handwritten comments, a voice recording in a foreign language, and undated photographs unexplained by affidavit — objection taken — plaintiff given fair opportunity to serve evidence and advance case — evidence not admissible Legislation Cited: Anti-Discrimination Act 1977 (NSW), Pts 2, 9, ss 4, 7, 20, 89A, 102, 105, 108 Boarding Houses Act 2012 (NSW), Pts 2, 3, ss 3, 4, 5, 27, 31, 32, Sch 1 cl 10 Civil and Administrative Tribunal Act 2013 (NSW), ss 80, 83 Civil Procedure Act 2005 (NSW), s 56 Residential Tenancies Act 2010 (NSW), ss 7, 8, 11, 13, 87, 92, 187 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), rr 12.11, 13.4, 14.28, 42.1 Vexatious Proceedings Act 2008 (NSW), s 8 Cases Cited: Aquino v SPL Living Pty Ltd [2022] NSWCATCD 120 Senthilkumaran v Century 21 Classic Real Estate (Supreme Court (NSW), Button J, 6 February 2023, unrep) Purvis v New South Wales (2003) 217 CLR 92; [2003] HCA 62 Chi v Technical and Further Education Commission [2012] NSWCA 421 Category: Principal judgment Parties: Mr Ragul Senthilkumaran (Plaintiff) Gosan Pty Ltd t/as Century 21 Classic Real Estate (Defendant) Representation: Mr Ragul Senthilkumaran (Plaintiff) Mr J Pillari (Defendant) File Number(s): 2023/35172