Riley v SJ Traffic Management Pty Ltd - [2022] FedCFamC2G 896

Federal Circuit and Family Court of Australia
(DIVISION 2)
Riley v SJ Traffic Management Pty Ltd [2022] FedCFamC2G 896

File number(s): PEG 215 of 2021

Judgment of: JUDGE STREET

Date of judgment: 24 October 2022

Catchwords: HUMAN RIGHTS – RACIAL DISCRIMINATION – where the second respondent has failed to participate in the proceedings –applicant indigenous Australian – default judgment hearing as between the applicant and the second respondent – unlawful discrimination by second respondent under ss 9 and 18C – declaration made as to unlawful conduct by second respondent – significant loss and damage suffered by applicant in respect of unlawful racial discrimination – impact of racial discrimination in his own country – aggravating fake apology – compensation for loss and damage totalling $70,000 against second respondent – lump sum interest on past component ordered against second respondent

Legislation:
Australian Human Rights Commission Act 1986 (Cth) ss 46PO(4)(b)

Corporations Act2001 (Cth)

Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) rr 13.05(2)(c), 13.05(2)(d), 13.06(1)(e)

Racial Discrimination Act 1975 (Cth) ss 9, 18C

Division: Division 2 General Federal Law

Number of paragraphs: 22

Date of hearing: 24 October 2022

Place: Sydney

Solicitor for the Applicant: Mr R Aslanian, Connect Legal

Solicitor for the First Respondent: Mr M Used, Pragma Legal

Solicitor for the Second Respondent: No appearance
ORDERS

PEG 215 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:
NICHOLAS DEAN RILEY

Applicant

AND:
SJ TRAFFIC MANAGEMENT PTY LTD (ABN 62 616 399 163)

First Respondent

JOHN COLLINS

Second Respondent

order made by:

JUDGE STREET

DATE OF ORDER:

24 OCTOBER 2022

THE COURT ORDERS THAT:
As between the Applicant and the First Respondent:
1.Order 8 made on 21 August 2022 is dissolved.
2.Pursuant to s 169 of the Federal Circuit and Family Court of Australia Act 2021 (Cth) and r 30.14 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth), the matter as between the applicant and the first respondent is referred to mediation before a Registrar of the Court.
3.The applicant and first respondent are to cooperate with any direction made by the Registrar for the purpose of the mediation.
4.The applicant and the first respondent are to seek to have the matter relisted within 28 days of an unsuccessful mediation.

As between the Applicant and the Second Respondent:
5.Pursuant to r 13.06(1)(e) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth), the matter proceed by way of default judgment hearing.
6.Pursuant to r 13.05(2)(c)-(d) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth), the facts pleaded in the Statement of Claim are taken to be admitted as against the second respondent.
7.The Court declares that, pursuant to s 46PO(4)(a) of the Australian Human Right Commission Act 1986 (Cth), the second respondent committed unlawful discrimination against the applicant, contrary to ss 9 and 18C of the

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2022] FedCFamC2G 896
Decision Date: 24 October 2022

CaseChat Overview and Summary

In Riley v SJ Traffic Management Pty Ltd, the applicant, an indigenous Australian, sought a declaration of unlawful conduct and compensation for racial discrimination. The proceedings were against two respondents, with the second respondent failing to participate. The Federal Circuit and Family Court of Australia presided over the matter. The court was required to decide if the second respondent had unlawfully discriminated against the applicant under the relevant sections of the Racial Discrimination Act. Additionally, it needed to determine whether the applicant had suffered significant loss and damage due to the racial discrimination and if the second respondent's actions warranted compensation.

The court examined the evidence presented, including the applicant's experience of racial discrimination in his own country and the impact it had on him. It noted the second respondent's failure to participate in the proceedings and the significance of this default. The court concluded that the second respondent's conduct amounted to unlawful racial discrimination under the Act. It found that the applicant had suffered significant loss and damage as a result of this discrimination, further aggravated by what was perceived as a fake apology from the second respondent. Based on these findings, the court ordered the second respondent to pay compensation for the loss and damage, totalling $70,000, along with lump sum interest on the past component.

Orders