Lam v Parsons Brinckerhoff Australia Pty Ltd [2011] NSWADT 174

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Lam v Parsons Brinckerhoff Australia Pty Ltd [2011] NSWADT 174 Hearing dates: 5 July 2011 Decision date: 19 July 2011 Jurisdiction: Equal Opportunity Division Before: Magistrate N Hennessy, Deputy President Decision: 1. Leave for the applicant's complaints of race discrimination and victimisation to proceed is refused. 2. The respondent's application for costs is refused. Catchwords: LEAVE - complaints declined by President of the Anti-Discrimination Board - same complaints made previously to Australian Human Rights Commission - whether leave to proceed should be refused on ground that the subject matter of the complaint has been or should be dealt with by another body Legislation Cited: Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977 Racial Discrimination Act 1975 (Cth) Cases Cited: Deva v University of Western Sydney [2008] NSWCA 137 Jones and Anor v Ekermawi [2009] NSWCA 388 Category: Interlocutory applications Parties: Hoi Andy Lam (Applicant) Parsons Brinckerhoff Australia Pty Ltd (Respondent) Representation: Hoi Andy Lam (Applicant - In person) Clayton Utz (Respondent) File Number(s): 111057

REasons for decision

Introduction 1EQUAL OPPORTUNITY DIVISION (N HENNESSY, LCM (DEPUTY PRESIDENT)): The issue in these proceedings is whether it is fair and just for the Tribunal to give Mr Lam permission for his complaints of race discrimination and victimisation under the Anti-Discrimination Act 1977 ( AD Act ) to proceed. The complaints are against Mr Lam's former employer, Parsons Brinckerhoff Australia Pty Ltd (Parsons Brinckerhoff).