Zou v Ong

[2021] FCA 724

FEDERAL COURT OF AUSTRALIA

Zou v Ong [2021] FCA 724  

File number:

QUD 1 of 2021

Judgment of:

RANGIAH J

Date of judgment:

23 June 2021

Catchwords:

HUMAN RIGHTS – Australian Human Rights Commission Act 1986 (Cth) – application for leave to commence application in Federal Court of Australia – where applicant alleges racial and disability discrimination – where application sought to be commenced more than twelve years after alleged discrimination – where delay would cause substantial prejudice to respondents – application dismissed

Legislation:

Disability Discrimination Act 1992 (Cth)

Racial Discrimination Act1975 (Cth)

Australian Human Rights Commission Act 1986 (Cth) ss 46PF(1)(b), 46PH(1)(b) and 46PO(3A)(a)

Cases cited:

Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541

James v WorkPower Inc [2018] FCA 2083

Division:

General Division

Registry:

Queensland

National Practice Area:

Administrative and Constitutional Law and Human Rights

Number of paragraphs:

22

Date of hearing:

23 June 2021

Counsel for the Applicant:

The applicant appeared in person with the assistance of an interpreter

Solicitor for the Respondents:

Ms S Maddern of Mills Oakley

ORDERS

QUD 1 of 2021

BETWEEN:

SENJIE ZOU

Applicant

AND:

WALTER ONG

First Respondent

ALVIN CHEONG

Second Respondent

ORDER MADE BY:	RANGIAH J
DATE OF ORDER:	23 JUNE 2021

THE COURT ORDERS THAT:

1.The applicant’s application is dismissed.

2.The applicant pay the respondents’ costs of the proceeding.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT
(DELIVERED EX TEMPORE AND REVISED)

RANGIAH J:

1. This is an application under s 46PO(3A)(a) of the Australian Human Rights Commission Act 1986 (Cth) (the AHRC Act) for leave to make an application to the Federal Court of Australia alleging racial discrimination under the Racial Discrimination Act1975 (Cth) and disability discrimination under the Disability Discrimination Act 1992 (Cth).

2. The applicant is of Chinese ethnicity and alleges that he has disabilities consisting of high blood pressure and depression. The applicant alleges that he was discriminated against by the respondents on the basis of his ethnicity and disabilities.

3. Between 2006 and 2008, the applicant was engaged by Curtin University to assist in the recruitment of overseas students.  By letter dated 1 September 2008, Curtin University terminated the applicant’s engagement. The reasons given for the termination included the applicant’s failure to submit budgeting reports and his failure to reconcile travel expenses. The respondents were employees of Curtin University during the period of the applicant’s engagement.

4. On 21 July 2020, the applicant made a complaint to the Australian Human Rights Commission (the Commission) alleging racial and disability discrimination by Curtin University. On 27 October 2020, the Commission terminated the complaint under ss 46PF(1)(b) and 46PH(1)(b) of the AHRC Act on the basis that it was lodged more than 6 months after the alleged acts, omissions or practices took place.

5. On 4 January 2021, the applicant commenced proceedings in the Federal Court against the respondents. The originating application sought an apology and compensation. At a case management hearing on 3…