Shaikh v Police and Community Youth Clubs NSW Ltd & Ors [2003] NSWADT 15

CITATION: Shaikh v Police and Community Youth Clubs NSW Ltd & Ors [2003] NSWADT 15 DIVISION: Equal Opportunity Division APPLICANT Zaheer Shaikh PARTIES: FIRST RESPONDENT Police and Community Youth Clubs NSW Ltd SECOND RESPONDENTS Robert and Bea Dowling FILE NUMBER: 011038 HEARING DATES: 25/03/02-28/03/02, 02/04/02-03/04/02 SUBMISSIONS CLOSED: 09/11/2002 DATE OF DECISION: 01/22/2003

BEFORE: Britton A - Judicial Member; Nemeth de Bikal L - Member; Lau L - Member APPLICATION: Race Discrimination - Goods and Services - Racial - Vilification MATTER FOR DECISION: Principal Matter LEGISLATION CITED : Anti-Discrimination Act 1977 Evidence Act 1995 Shaikh v Police and Community Youth Clubs NSW Ltd & ors [2001] NSWADT 221 Commissioner of Corrective Services v Aldridge [2000] NSWADTAP 5 Dutt v Central Coast Area Health Service [2002] NSWADT 133 CASES CITED: Briginshaw v Briginshaw (1938) 60 CLR 336 at 361-362 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 ALR 449 at 449-450 G v H (1994) 181 CLR 387 at 399 State of Victoria v Macedonian Teachers Association of Victoria [1999] FCA 1287 Shaikh v Commissioner, NSW Fire Brigades (1996) EOC 92-808 Applicant S Friend, solicitor REPRESENTATION: First Respondent A Johnson, solicitor Second Respondent D Bernie, barrister ORDERS: The complaints of race discrimination and vilification are dismissed.; Respondents to file and serve brief written submissions on costs, if they so elect within 14 days of the date of this decision. ; The complainant to file and serve brief written submissions in reply if he so elects within 14 days of receiving the respondent's submissions.