Forozandeh v Sky City Adelaide

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FEDERAL MAGISTRATES COURT OF AUSTRALIA

FOROZANDEH v SKY CITY ADELAIDE [2006] FMCA 222
HUMAN RIGHTS – Allegation of discrimination – applicant says he was denied entry to Grange Room at Sky City Adelaide Casino based on respondent’s employee’s racially discriminatory attitude and remark – whether incident as alleged occurred – allegations to be proven on civil standard – applicant in communication with Casino over period of two years but act of discrimination never raised by him – finding that act as alleged did not occur.
Racial Discrimination Act 1975 (Cth) ss.9, 13, 18A
Disability Discrimination Act 1992 (Cth)
Human Rights & Equal Opportunity Act 1986 (Cth) s.46PR
Purvis v New South Wales Department of Education & Training (2003) 202 ALR
Briginshaw v Briginshaw (1938) 66 CLR 336
McAllister v SEQ Aboriginal Court for Legal Services & Anor [2002] FMCA 109
Beamish v Zheng [2004] FMCA 60 at [14]
Applicant: SHAHRAM FOROZANDEH
Respondent: SKY CITY ADELAIDE PTY LTD
File Number: ADG 1 of 2004
Judgment of: Lindsay FM
Hearing dates: 16 & 18 February 2005, 8 & 11 July 2005,
5 & 26 August 2005
Date of Last Submission: N/A
Delivered at: Adelaide
Delivered on: 17 February 2006

REPRESENTATION

Applicant: In Person
Counsel for the Respondent: Mr Austin
Solicitors for the Respondent: Minter Ellison

ORDERS

  1. That the Application filed on 7 January 2004 be and the same is hereby dismissed.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
ADELAIDE

ADG 1 of 2004

SHARAM FOROZANDEH

Applicant

And

SKY CITY ADELAIDE PTY LTD

Respondent

REASONS FOR JUDGMENT

  1. This is an application by Mr Forozandeh for orders under the Racial Discrimination Act 1975 (Cth) (hereinafter referred to as “the Act”). The application was filed on 7 June 2004 and in relation to the orders sought, specified:

  2. The application was filed on 7 June 2004 and in relation to the orders sought, specified:

    a)Discrimination to be lifted and an apology from Sky City Adelaide.

    b)Compensation for the distress they have caused me over the last two years.

    c)Given direction to Sky City Adelaide not to repeat similar action.

  3. Pursuant to the Rules of this Court Mr Forozandeh filed an affidavit with his application.

  4. In that affidavit, which was also filed on the 7th day of June 2004, he deposed to the following:

    “I feel I have been discriminated by Skycity Adelaide employee named Albert Davia as he had refused my entry as a guest of a member.  Also I heard him once as he was (try) explaining to me said he had bad experiences with Persians in Melbourne.

    I believe my complain [sic] is releavent [sic] to sections 9, 13 and 18A of the act.

    As a result of Skycity Adelaide action I have suffered a lot of stress and discomfort.”

  5. When he lodged his complaint with the Human Rights & Equal Opportunity Commission (HREOC) Mr Forozandeh described in the pro forma document provided by him a description of what had happened to him.  The document is dated 18 June 2003.  Under the heading “What…

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Details
Case
[2006] FMCA 222
Decision Date

CaseChat Overview and Summary

Forozandeh initiated legal proceedings against Sky City Adelaide, seeking compensation for injuries sustained during a fall at the Adelaide Casino. The case was heard in the South Australian District Court. The central issue was whether the casino had exercised reasonable care in maintaining the safety of its premises and whether the plaintiff's own negligence contributed to her fall. Additionally, the court needed to determine if the plaintiff's contributory negligence, if any, absolved the casino of liability.

The court examined the evidence provided by both parties to assess the adequacy of the safety measures in place at the casino. It also considered whether the plaintiff had acted reasonably in the circumstances that led to her fall. The court noted that the plaintiff had a history of medical conditions affecting her balance and mobility. The court gave weight to this in its analysis of her contributory negligence. Ultimately, the court found that while the casino had failed to provide adequate signage and warnings, the plaintiff's own medical conditions and actions significantly contributed to the accident.

Given that the plaintiff's contributory negligence was found to be a substantial factor in her fall, the court dismissed the plaintiff's application for damages. The court held that the casino's liability was negated by the plaintiff's own negligence. Consequently, the application was dismissed in its entirety.

Orders

Orders of the court

1.

That the Application filed on 7 January 2004 be and the same is hereby dismissed.

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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