Tupou v Scruffy Murphy's Pty Ltd & ors

The applicant, Tupou, brought proceedings against Scruffy Murphy's Pty Ltd and two of its employees, the second and third respondents, alleging discrimination on the ground of race. The dispute arose when the applicant, who is of Pacific Islander descent, claimed that he was refused service at the respondents' restaurant and was verbally abused. The case was heard in the Anti-Discrimination Board of New South Wales.

The legal issues before the court included whether the applicant was refused service and subjected to verbal abuse on the basis of his race, and whether the respondents had engaged in conduct that contravened the Anti-Discrimination Act 1977 (NSW). The court also needed to determine the appropriate remedies for the applicant.

The court found that the applicant was indeed refused service and subjected to verbal abuse due to his race. The evidence showed that the second respondent made derogatory comments about the applicant's ethnicity and refused to serve him. The court held that the respondents' conduct amounted to racial discrimination under the Anti-Discrimination Act. As remedies, the court ordered the respondents to pay the applicant $6000 for the discrimination and an additional $3000 for the aggravation of his injury, to be paid jointly and severally by the first, second, and third respondents, and individually by the second and third respondents.

The court ordered that the first, second, and third respondents pay the applicant $6000 for the discrimination, with payment to be made within 21 days. Additionally, the second respondent was ordered to pay the applicant $2000 for the aggravation of his injury, and the third respondent was ordered to pay the applicant $1000 for the aggravation of his injury, with both payments to be made within 21 days.