Sleiman v Kmart Australia Limited [2003] NSWADT 21

CITATION: Sleiman v Kmart Australia Limited [2003] NSWADT 21 DIVISION: Equal Opportunity Division APPLICANT PARTIES: Michael Sleiman RESPONDENT Kmart Australia Limited FILE NUMBER: 011056 HEARING DATES: 25/02/2002-26/02/2002 SUBMISSIONS CLOSED: 02/26/2002 DATE OF DECISION: 01/31/2003

BEFORE: Rice S - Judicial Member; McDonald O - Member; Pun A - Member APPLICATION: Race Discrimination - Goods and Services MATTER FOR DECISION: Principal Anti-Discrimination Act 1977 LEGISLATION CITED : Interpretation Act 1987 Listening Devices Act 1984 Khan -v- Commissioner, Department of Corrective Services & anor [2002] NSWADT 131 Commissioner of Corrective Services –v– Aldridge (EOD) [2000] NSWADTAP 5 CASES CITED: Dutt -v- Central Coast Area Health Service [2002] NSWADT 133 Tu -v- University of Sydney (No. 2) (EOD) [2002] NSWADTAP 25 Langley v University of New South Wales (1984) EOC 92-018 APPLICANT REPRESENTATION: S Kassem, solicitor RESPONDENT K Eastman, barrister ORDERS: 1. Pursuant to s113 the complaint is dismissed.; 2. Pursuant to s114(2) the complainant shall pay the reasonable costs of the respondent relating to the conduct of the hearing on 25 and 26 February 2002, on a party-party basis, in a sum to be agreed between the parties within 60 days of the making of these orders, failing which the costs to be paid will be assessed in accordance with the provisions of Division 6 of Part 11 of the Legal Profession Act 1987.