Maro Nominees v Ausn & NZ Banking Group

Maro Nominees Pty Ltd (the applicant) sought judicial review of a decision by the Australian and New Zealand Banking Group Ltd (the respondent) to refuse to grant it a loan. The applicant alleged that the respondent's refusal was based on discriminatory grounds, specifically that the applicant was a company whose directors were of Asian descent. The matter came before the Federal Court of Australia.

The primary legal issue before the Court was whether the respondent's refusal to grant the loan constituted unlawful discrimination under the Racial Discrimination Act 1975 (Cth). Specifically, the Court had to determine if the respondent's conduct was done "on the ground of race, colour, descent or national or ethnic origin" and if this conduct had the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of any human right or fundamental freedom.

The Court considered the evidence presented by both parties. The applicant relied on circumstantial evidence suggesting a pattern of discriminatory lending practices by the respondent. The respondent, however, presented evidence that the loan refusal was based on legitimate commercial considerations, including the applicant's financial standing and the viability of its business proposal. The Court applied the principles of statutory interpretation to the Racial Discrimination Act 1975, focusing on the onus of proof and the need to establish a causal link between the alleged discriminatory ground and the respondent's decision.

Ultimately, the Court found that the applicant had failed to discharge the onus of proving that the respondent's decision was made on the ground of race. The Court accepted the respondent's explanation that the loan was refused for valid commercial reasons. Accordingly, the application for judicial review was dismissed.