FEDERAL CIRCUIT COURT OF AUSTRALIA
| HU v STANSURE STRATA PTY LTD & ORS | [2014] FCCA 905 |
| Catchwords: HUMAN RIGHTS – Racial discrimination – strike out certain complaints before the court – s.46PO(3) Australian Human Rights Commission Act 1986 (Cth). |
| Legislation: Australian Human Rights Commission Act 1986 (Cth), s.46PO Body Corporate and Community Management Act 1997 (Qld), s.7 |
| Barnes v Northern Territory Police [2013] FCCA 30 Briginshaw v Briginshaw (1938) 60 CLR 336 Burke v Tralaggan (1986) EOC 92-161 Charles v Fuji Xerox Australia Pty Ltd [2000] FCA 1531 Desouza v Secom Australia Pty Ltd [2013] FCCA 659 Dye v Commonwealth Securities Ltd(No.2) [2010] FCAFC 118 Lamb v Samuels Real Estate Pty Ltd (1996) EOC 92-790 Lynton v Maugeri (1995) EOC 92-754 Macedonian Teachers’ Association of Victoria Inc v Human Rights and Equal Opportunity Commission (1998) 91 FCR 8 McMahon v Bowman [2000] FMCA 3 Qantas Airways Ltd v Gama [2008] FCAFC 69 Sidhu v Raptis [2012] FMCA 338 |
| Applicant: | LOUISE HU |
| First Respondent: | STANSURE STRATA PTY LTD |
| Second Respondent: | MARGARET ROSE HOLMES |
| Third Respondent: | BODY CORPORATE FOR JARRAH COURT CTS 8533 |
| File Number: | BRG 80 of 2012 |
| Judgment of: | Judge Burnett |
| Hearing dates: | 2, 4 September 2013 and 16 October 2013 |
| Date of Last Submission: | 16 October 2013 |
| Delivered at: | Brisbane |
| Delivered on: | 14 May 2014 |
REPRESENTATION
| The Applicant appeared on her own behalf |
| Counsel for the First Respondent: | Ms H. Blatmann |
| Solicitors for the First Respondent: | Success Law |
| Counsel for the Second Respondent: | Ms A. Coulthard |
| Solicitors for the Second Respondent: | Minter Ellison |
| Counsel for the Third Respondent: | Ms A. Coulthard |
| Solicitors for the Third Respondent: | Minter Ellison |
ORDERS
That the application filed on 25 January 2012 be dismissed.
Subject to application being made for any other order within seven days of the date of this order, order that the Applicant pay the Respondents’ costs of and incidental to the application, including reserved costs, to be taxed.
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT BRISBANE |
BRG 80 of 2012
| LOUISE HU |
Applicant
And
| STANSURE STRATA PTY LTD |
First Respondent
| MARGARET ROSE HOLMES |
Second Respondent
| BODY CORPORATE FOR JARRAH COURT CTS 8533 |
Third Respondent
REASONS FOR JUDGMENT
Introduction
In 2007 the Applicant, a woman of Asian ethnicity, purchased and entered into occupation of a lowset unit in a unit complex known as Jarrah Court. Almost immediately she complained that she was subject to racial discrimination by the Chairperson of the body corporate, Margaret Holmes (Second Respondent), the Body Corporate itself (“Body Corporate”) (Third Respondent) and the third-party provider of professional body corporate services (“Stansure”) (First Respondent). The…
Keep reading for free
Create a free CaseChat account to read Hu v Stansure Strata Pty Ltd and Ors and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2014] FCCA 905
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was whether Ms. Hu had been discriminated against on the basis of her Asian ethnicity. This involved determining if there was sufficient evidence to establish racial motivation for the actions of the respondents. The Court also considered whether certain complaints should be struck out pursuant to s 46PO(3) of the *Australian Human Rights Commission Act 1986* (Cth).
Judge Burnett found that there was no evidence presented by the applicant to demonstrate that racial motivation underpinned any of the alleged discriminatory conduct. Consequently, the application was dismissed. The Court also awarded costs to the respondents.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.