Obieta v Australian College of Professionals Pty Ltd [2014] NSWCATAD 8

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Obieta v Australian College of Professionals Pty Ltd [2014] NSWCATAD 8 Hearing dates: 6, 7 and 8 March 2013, 23 and 24 May 2013, 31 July 2013 Decision date: 04 February 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: R J Perrignon Senior Member J McClellan General Member N Hiffernan General Member Decision: 1.The complaints of discrimination on the grounds of race are dismissed. 2.The complaints of victimisation are dismissed. 3.The applicant is to pay the respondent's costs of the proceedings as agreed or assessed Catchwords: Direct discrimination on the grounds of race; whether comparators available; whether differential treatment occurred on the grounds of race; Victimisation; whether detriment suffered; whether on the grounds of race Legislation Cited: Anti-Discrimination Act 1977 Administrative Decisions Tribunal Act 1997 Civil and Administrative Tribunal Act 2013 Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Obieta v Australian College of Professionals Pty Ltd [2012] NSWADT 2008 Category: Principal judgment Parties: Lina Socorro Obieta (Applicant) Australian College of Professionals (Respondent) Representation: Counsel: C O'Neill (Respondent) Solicitors: L Obieta (Applicant in person) Wotton & Kearney (Respondent) File Number(s): 121008