| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
JUDICIAL REVIEW AND APPEALS LIST
S CI 2016 00169
| HAMADOU DJIME | Applicant |
| v | |
| SERGEANT MICHAEL KEARNES | First Respondent |
| CONSTABLE MATTHEW LE | Second Respondent |
| SENIOR CONSTABLE CAILLEY WILSON | Third Respondent |
| SENIOR CONSTABLE FLEUR VAN DER SLUIS | Fourth Respondent |
| STATE OF VICTORIA (VICTORIA POLICE) | Fifth Respondent |
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JUDGE: | Cavanough J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 1 December 2016 |
DATE OF JUDGMENT: | 28 February 2019 First Revision: 7 March 2019 |
CASE MAY BE CITED AS: | Djime v Kearnes |
MEDIUM NEUTRAL CITATION: | [2019] VSC 117 |
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ADMINISTRATIVE LAW – Victorian Civil and Administrative Tribunal – Litigant in person – Claims of racial discrimination and related claims – Most claims summarily dismissed – Others dismissed at final hearing – Application for leave to appeal – Nature of appeal from summary dismissal of claims at VCAT – Unreasonable conduct by litigant – Poor prospects of success on appeal – Leave to appeal refused - Victorian Civil and Administrative Tribunal Act 1998 (Vic) ss 75, 148.
DISCRIMINATION LAW – Areas of activity – Provision of goods and services – Services by police – Equal Opportunity Act 2010 (Vic) ss 3, 44, 75, 99, 105.
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APPEARANCES: | Counsel | Solicitors |
| For the Applicant | In person | |
| For the Respondents | Ms R J Sharp | Norton Rose Fulbright |
HIS HONOUR:
Introduction and overview
The applicant, Mr Hamadou Djime, brought a proceeding in the Victorian Civil and Administrative Tribunal (‘VCAT’) against the respondents, comprising certain Victorian police officers and a party described in the application as ‘State of Victoria (Victoria Police)’. Broadly speaking, he claimed that he had been subjected to sexual harassment, racial discrimination, racial vilification, victimisation and contraventions of his human rights. His race-related claims were based on the circumstances that he came originally from Mali, Africa, had dark skin and wore his hair in dreadlocks. He relied on the Equal Opportunity Act 2010 (Vic) (‘the EO Act’), the Racial & Religious Tolerance Act 2001 (Vic) and the Charter of Human Rights & Responsibilities Act 2006 (Vic). His claims related to interactions said to have occurred between himself and various police officers – principally the police officers who were named as respondents – on a number of occasions between 2008 and 2014. VCAT identified 27 individual claims in total made by Mr Djime. These were designated by VCAT as claims (a) to (z) and (aa).
After evidence had been heard for two days, the respondents made an application to VCAT under s 75(1) of the Victorian Civil & Administrative Tribunal Act 1998 (‘the VCAT Act’) for the summary dismissal of the majority of Mr Djime’s claims. In response, by a reserved decision accompanied by detailed written reasons, VCAT summarily dismissed 21 of the 27 claims as misconceived or as lacking in substance.[1] Later, after several further hearing days, VCAT dismissed the remaining 6 claims as not having been proved. It did so by a further reserved decision, accompanied by a further set of detailed written reasons.[2]
[1]
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- AGLC
- Djime v Kearnes [2019] VSC 117
- Case
- [2019] VSC 117
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether Mr Djime's claims of racial discrimination and related allegations had merit. The court also needed to decide if Mr Djime's conduct during the proceedings was unreasonable and whether there were prospects of success if an appeal were to be made against the summary dismissal of some of the claims. The legal issues included the interpretation and application of the Equal Opportunity Act 2010 (Vic) and the Victorian Civil and Administrative Tribunal Act 1998 (Vic).
In its decision, the court found that most of Mr Djime's claims were without merit and were summarily dismissed. The remaining claims were also dismissed at the final hearing. The court found that Mr Djime's conduct during the proceedings was unreasonable, and that there were poor prospects of success on appeal. Consequently, the court refused leave to appeal the decision. The court's reasoning was based on the evidence presented and the applicable legislation.
No further orders were made by the court.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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