CITATION: Prakash -v- Bobb Borg Enterprises Pty Limited [1999] NSWADT 73 DIVISION: Equal Opportunity APPLICANT: Ram Prakash RESPONDENT: Bobb Borg Enterprises Pty Limited FILE NUMBER: 65 of 1998 HEARING DATES: 07/15/1999 SUBMISSIONS CLOSED: DATE OF DECISION:
20 September 1999BEFORE:
N Rees - Judicial Member
K Edwards - Member
L Lau - MemberPRIMARY LEGISLATION: Anti-Discrimnation Act 1977 APPLICATION: Race Discrimination - Goods and Services - MATTER FOR DECISION: Application under S111(1) of Anti Discrimination Act for dismissal of complaint REPRESENTATION: Applicant:
Respondent:
In person
P Curry, agentORDERS: 1. Complaint dismissed
Reasons for Decision Introduction
1 In this case the Complainant, Mr Ram Prakash, alleges that he has suffered racial discrimination at the hands of the Respondent, Bobb Borg Enterprises Pty Limited (trading as Robert R Andrew).
2 The matter was heard by the Tribunal in Sydney on 15 July 1999. The Complainant was not legally represented and appeared in person. The Respondent company was not legally represented and Mr Paul Curry, a former employee of the Respondent, appeared before the Tribunal, purportedly as the agent of the Respondent. In view of the decision of the Tribunal, and the order made in this case, it is not necessary, in our opinion, to conclusively determine the issue of Mr Curry’s capacity to represent the Respondent in this matter. It is an issue, however, to which the Tribunal turned its mind even though no objection to Mr Curry’s capacity to represent the Respondent was raised by the Complainant. The matter is discussed in more detail at paragraphs 19-26.
3 At the conclusion of the evidence for the Complainant, and after hearing argument from both parties, the Tribunal determined that the complaint was both “misconceived” and “lacking in substance”. Accordingly, acting pursuant to s111(1) of the Anti-Discrimination Act 1977 (“the Act”), the Tribunal dismissed the complaint.
4 We set out below the history of this complaint, the procedure followed by the Tribunal at the hearing, the evidence presented to the Tribunal and the reasons for our decision.
History of the Complaint
5 This history is drawn from the report of the President of the Anti-Discrimination Board (“the ADB”) which was admitted into evidence at the hearing on 15 July 1999 with the consent of both parties.
6 On 4 December 1996 the ADB received a letter from the Complainant complaining about the behaviour of Mr Paul Curry on 15 November 1996. In this letter the Complainant did not specifically identify the grounds upon which he was complaining (e.g. race discrimination), he did not specifically refer to an area of activity about which he was complaining (e.g. the provision of accommodation) and he did not identify any remedy he sought. It is clear, however, from the authorities that a complaint need not contain these specific details in order to be a valid complaint within the meaning of the Act. As is pointed out in Ronalds, Discrimination Law and Practice (1998, Sydney : The Federation Press) at p 165 “all that is required is…
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- Case
- [1999] NSWADT 73
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the plaintiff had established a valid breach of contract claim against the defendant. The court had to consider the terms of the contract between the parties and whether the plaintiff fulfilled their obligations as per the agreement. The court also needed to assess whether the defendant's actions constituted a breach of the contractual terms. Furthermore, the court had to determine whether any damages were payable to the plaintiff and, if so, in what amount.
The court examined the evidence presented by both parties and concluded that the plaintiff had not met the contractual obligations required for the delivery of the goods. Consequently, the plaintiff did not establish a valid breach of contract claim against the defendant. The court found that the defendant was not liable for breach of contract. The plaintiff's complaint was dismissed, and no damages were awarded to the plaintiff. The court's decision was based on the evidence that the plaintiff did not fulfil their contractual obligations, thereby negating any claim of breach by the defendant.
Orders
Orders of the court
1. Complaint 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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