Choi v NSW Ombudsman (No 5)

The applicant, Choi, brought a claim for discrimination and victimisation against the NSW Ombudsman, which was heard by the Civil and Administrative Division of the Supreme Court. Choi alleged that the Ombudsman discriminated against him in employment on the grounds of race and victimised him after he made a complaint about the discrimination. The application for leave to proceed was determined on the papers, without an oral hearing.

The court was required to determine whether there were sufficient grounds for Choi to proceed with his claims. This involved examining whether the allegations, if proven, would constitute discrimination or victimisation under the Anti-Discrimination Act 1977 (NSW). The court also had to assess the merits of the application and consider whether there was a reasonable prospect of success.

The court found that Choi had not demonstrated a reasonable prospect of success on the claims of discrimination and victimisation. It determined that the facts presented did not support a finding of discrimination or victimisation. The court held that the application did not disclose sufficient grounds to warrant leave to proceed with the claims. Consequently, the court refused leave for Choi to proceed with his claims of discrimination and victimisation.

No further orders were made as the court determined that there was no reasonable prospect of success on the merits of the claims, and therefore, leave to proceed was refused.