Wilson -V- Budsoar Pty Limited [1998] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Wilson -V- Budsoar Pty Limited [1998] NSWEOT

COMPLAINANT: Ms Janine Wilson

RESPONDENT: Budsoar Pty Ltd

NUMBER: 71 of 1995

Mr P King ( Judicial Member ) TRIBUNAL: Ms L Farmer Mr N Rogan

GROUNDS OF COMPLAINT:

DATES OF HEARING: 03/30/1998 DATE OF JUDGMENT: 03/30/1998

Complainant: Mr P Dunmeade Paul Dunmeade & Co (Solicitor) Ms S Winters(Counsel) LEGAL REPRESENTATIVES:

Respondent: Mr S Friend Friend & Hazard (Solicitor)

JUDGMENT IN FAVOUR OF:

CHAIRPERSON: In this matter Simpson J delivered the judgment of the Supreme Court on 28 November 1997 in which the matter was referred back to this Tribunal for assessment of damages in accordance with the relevant principles in relation only to the question of damages for economic loss. The general facts of the matter are set out in the Tribunal's judgment dated 27 June 1996. In that determination we awarded general damages for discrimination on the ground of race against the respondent in favour of the complainant and it is unnecessary to repeat the various factual circumstances and findings that are there made. In the judgment of the Supreme Court, her Honour drew attention to the relevant principles in relation to the assessment of damages in a case such as the present and in particular set out at pp 4, 5 and 6 the matters to which reference required to be made. It is acknowledged by the parties that the relevant principles in relation to the assessment of damages consequential upon a finding of discrimination are set out in the judgment of the full court of the Federal Court of Australia in Hall v A & A Sheiban Pty Limited (1989) 85 Australian Law Reports 503, a case which has been followed and applied on this point. In particular at p 522 Lockhart J dealing with the question of compensatory damages said: "Generally speaking the correct way to approach the assessment of damages in cases under s 81 of the Act is to compare the position in which the complainant might have been expected to be if the discriminatory conduct had not occurred with the situation in which he or she was placed by reason of the conduct of the respondent. The effect of s 81 subs 4 is that the damage which is compensable under s 81(1)(b) of the Act includes injury to the complainant's feelings or humiliation suffered by him or her".