Kanapathy v In De Braekt (No 4)

In *Kanapathy v In De Braekt (No 4)*, the applicant, Mr. Kanapathy, a supervising security officer, brought proceedings against the respondent, a legal practitioner, alleging that he had been subjected to abusive language based on his national origin. The matter came before Judge Lucev in the Magistrates Court of Western Australia.

The court was required to determine whether the respondent's conduct constituted an unlawful act under the relevant human rights legislation, specifically concerning discrimination based on national origin. The court also had to consider what remedies, if any, were appropriate, including whether to order an apology and attendance at an anti-racism training course, and whether such orders would be futile. Finally, the court needed to assess whether the applicant had provided sufficient evidence of loss or damage to warrant compensation.

Judge Lucev found that the respondent's use of the word "prick" towards Mr. Kanapathy, in the context of a dispute over Mr. Kanapathy's national origin, amounted to abusive language and an unlawful act. The court reasoned that while the term itself might be considered mild in some contexts, its use in this instance, coupled with the reference to national origin, rendered it discriminatory and offensive. The court concluded that ordering an apology and attendance at anti-racism training would not be futile, as it served a public interest in denouncing such conduct and promoting respectful interactions. However, the court found that the applicant had failed to adduce sufficient evidence to establish any quantifiable loss or damage, and therefore, no compensation was awarded.