Derriman v National Australia Bank

Derriman, the applicant, sought judicial review of a decision by the National Australia Bank (NAB), the respondent, to refuse his application for a loan. The applicant alleged that the NAB's decision was based on discriminatory grounds, specifically his age, and that this contravened the *Australian Human Rights Commission Act 1986* (Cth) and the *Racial Discrimination Act 1975* (Cth). The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the applicant had established a prima facie case of unlawful discrimination under the *Racial Discrimination Act 1975* (Cth) by demonstrating that the NAB's refusal of his loan application was based on his age, which the applicant contended was a proxy for race. The court was also required to consider the scope and application of the *Australian Human Rights Commission Act 1986* (Cth) in relation to such a claim.

Gummow and Kirby JJ, in their joint judgment, found that the applicant had failed to establish a prima facie case of racial discrimination. Their Honours noted that the *Racial Discrimination Act 1975* (Cth) prohibits discrimination on the ground of race, colour, descent, or national or ethnic origin. The applicant's claim that his age was a proxy for race was not substantiated by evidence. The court emphasised that a claim of discrimination must be based on one of the protected attributes specified in the Act, and age, in itself, is not a protected attribute under the *Racial Discrimination Act 1975* (Cth). Furthermore, the court found no basis to conclude that the NAB's decision was influenced by any racial considerations.

The High Court dismissed the applicant's application for judicial review.