Fenton v Swan Hill Aboriginal Co-operative Ltd

The case of Fenton v Swan Hill Aboriginal Co-operative Ltd was heard in the Federal Court. The applicant, Fenton, sought an order for the defendant, Swan Hill Aboriginal Co-operative Ltd, to compensate him for the loss of his business license due to alleged breaches of the Racial Discrimination Act 1975 (Cth) by the defendant. The dispute centred on whether the actions of the defendant, in revoking Fenton's business license, were discriminatory and unlawful under the Act.

The primary legal issues for the court to determine were whether the defendant's actions constituted racial discrimination under the Act and, if so, whether compensation was an appropriate remedy for the applicant. The court had to examine the definition of racial discrimination, the specific circumstances of the revocation of Fenton's business license, and the appropriate legal remedy if a breach was found.

The court held that the defendant's actions did not constitute racial discrimination as defined in the Racial Discrimination Act. The court found that the revocation of Fenton's business license was not based on his race but rather on his conduct, which involved breaches of the conditions of his license. The court further held that compensation was not an appropriate remedy in this case as the primary issue was the revocation of the license itself, which was not discriminatory. Consequently, the application for compensation was dismissed.