Chen v Premier Motors Service Pty Ltd t/as Premier Illawarra [2017] NSWCATAD 342

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chen v Premier Motors Service Pty Ltd t/as Premier Illawarra [2017] NSWCATAD 342 Hearing dates: 6 and 7 September 2017 Date of orders: 27 November 2017 Decision date: 27 November 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Hennessy LCM, Deputy President Dr M Murray, General Member Decision: The complaint is dismissed. Catchwords: HUMAN RIGHTS – discrimination – grounds –racial discrimination – where applicant complained of race discrimination in the provision of bus services – where it was alleged that buses did not stop directly in front of applicant at bus stops – where it was alleged that bus drivers prevented applicant from photographing their driver authority cards – where it was alleged that bus company did not treat applicant's complaints seriously – whether bus company has refused to provide services or provided services on certain terms – whether conduct constitutes race discrimination Legislation Cited: Anti-Discrimination Act 1977 (NSW), s 4, s 4A, s 7(1)(a), s 19, s 50, s 52, s 53, s 93C(a), s 103 Civil and Administrative Tribunal Act 2013 (NSW), s 29, s 3639 Cases Cited: Purvis v State of New South Wales (2003) 217 CLR 92; [2003] HCA 62 Category: Principal judgment Parties: Chen-Kuang Chen (Applicant) Premier Motors Service Pty Ltd t/as Premier Illawarra (Respondent) Representation: Counsel: P King (Respondent)

Applicant (self-represented)

I MacDonald (National IR Manager, Australian Public Transport Industrial Association) (Respondent) File Number(s): 2017/00087880 Publication restriction: Nil