Barake v Red & White Star Cabs Co-operative Limited trading as Maitland, Beresfield & Raymond Terrace Taxi Services [2011] NSWADT 222

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Barake v Red & White Star Cabs Co-operative Limited trading as Maitland, Beresfield & Raymond Terrace Taxi Services [2011] NSWADT 222 Hearing dates: 13 July 2011 Decision date: 16 September 2011 Jurisdiction: Equal Opportunity Division Before: R J Wright SC, Judicial Member Decision: The Tribunal orders: 1. Unless an application is made in accordance with order 2 and is successful, the complaint be dismissed in whole. 2. The Applicant have leave to file and serve an application to amend his complaint under s 103 of the Anti-Discrimination Act accompanied by all affidavits upon which he wishes to rely within 10 days of the date of these orders being made. 3. The Respondent file and serve any affidavits in reply (including evidence as to the amount of any costs that would be thrown away if leave to amend were granted) within 17 days of the date of these orders being made. 4. Any application to amend filed by the Applicant under order 2 be listed for hearing on a date to be fixed by the Registrar not earlier than 24 days after the date of these orders. Catchwords: Race Discrimination - Employments - Direct Discrimination - Indirect Discrimination Legislation Cited: Anti Discrimination Act 1977 (NSW) Administrative Decisions Tribunal Act 1997 (NSW) Cases Cited: Razaghi v Director-General, NSW Department of Health [2002] NSWADT 4 Stanborough v Woolworths Ltd [2005] NSWADT 203 Prakash v Bobb Borg Enterprises Pty Ltd [1999] NSWADT 73 Margan v University of Technology, Sydney [2003] NSWADTAP 65 State Electricity Commission of Victoria v Rabel [1998] 1 VR 102 Keene v Director-General, Department of Justice and Attorney-General [2011] NSWADT 59 McDonald v Central Coast Community Legal Centre [2008] NSWADT 96 Ball v Silver Top Taxi Services Ltd [2004] FMCA 967 Hollis v Vabu (2001) 207 CLR 21 Commissioner of Police v Estate of Russell (2002) 55 NSWLR 232 Wollongong City Council v Bonella [2002] NSWADTAP 26 Borg v Department of Corrective Services [2002] NSWADT 42 Aon Risk Services Australia Ltd v Australian National University (2009) 258 CLR 14 Category: Interlocutory applications Parties: Tarake Barake (Applicant) Red & White Star Cabs Co-operative Ltd trading as Maitland, Beresfield & Raymond Terrace Taxi Services (Respondent) Representation: Counsel M Preece (Applicant) L Wilson (Respondent) Neisha Shepherd Solicitors (Applicant ) Penmans Solicitors (Respondent) File Number(s): 111020