Yang v Kumar [2014] NSWCATAD 99

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Yang v Kumar [2014] NSWCATAD 99 Hearing dates: 8 July 2014 Decision date: 15 July 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: N Hennessy LCM, Deputy President Decision: Leave is refused for the applicant's complaint of race discrimination against the respondent to go ahead. Catchwords: INTERLOCUTORY DECISION- application for leave to proceed with a complaint of race discrimination in the provisions of goods and services - whether fair and just for complaint to proceed Legislation Cited: Anti-Discrimination Act 1977 (NSW) Cases Cited: Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143 Category: Interlocutory applications Parties: Xiaolong Yang Damodaran Kumar Representation: X Yang (Applicant in person) File Number(s): 1410286

reasons for decision

Introduction 1Mr Yang complained that Dr Kumar discriminated against him on the ground of his race (Chinese) when assessing him for the purpose of providing a medico-legal report to the Workers Compensation Commission. Mr Yang complained about the way Dr Kumar treated him during the assessment including a comment that because he had a master's degree he did not need an interpreter. He also complained of inaccuracies in the final report. 2The President of the Anti-Discrimination Board declined the complaint as "lacking in substance." Mr Yang has elected to have his complaint referred to the Tribunal. Before his complaint can go ahead the Tribunal must give its permission or 'leave'. The test is whether it is fair and just in all the circumstances to do so: Anti-Discrimination Act 1977 (NSW), s 96; Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143. I have decided to refuse leave for Mr Yang's complaint to go ahead because it is highly unlikely that he would be able to prove that Dr Kumar has breached the Anti-Discrimination Act. 3Mr Yang represented himself at the hearing with the assistance of an interpreter. There was no appearance for Dr Kumar but in his response to the Anti-Discrimination Board he denied the allegations.