Krystyna Grinberg Barrister - Obudho v Patty Malones Bar Pty Ltd [2017] VSC 28

  • Author : Greens List - 13-02-2017

Obudho v Patty Malones Bar Pty Ltd [2017] VSC 28

http://www.austlii.edu.au/au/cases/vic/VSC/2017/28.html

The Supreme Court of Victoria recently gave judgement in two related appeals from a decision of VCAT (the Tribunal) concerning a discrimination complaint.  The applicants at the Tribunal were a group of people of African origin who were planning on attending an event called Africafest at Inflation nightclub.  One of the applicants, Mr Obudho, is a DJ and has a business called IDJS.  IDJS booked to hold the event at Inflation nightclub in October 2011.   However, 5 days before the event was due to take place the nightclub informed IDJS that they were cancelling the booking because they had realized, only after accepting the booking, that the majority of those attending the event were going to be of African origin.

The Tribunal found that Inflation nightclub had discriminated against Mr Obudho and the other applicants on the basis of their race.  However the Tribunal declined to award any damages to Mr Obudho for either the financial loss of his business, or the personal upset and humiliation he experienced.

Mr Obudho appealed the decision to the Supreme Court, arguing that the Tribunal erred in failing to award him damages.  The nightclub also appealed, arguing that the Tribunal had erred in finding that they had discriminated against the applicants.

Mr Obudho's appeal was successful and the nightclub's appeal was dismissed.  The  Supreme Court ordered that Mr Obudho be paid compensation for both his financial loss and personal upset and humiliation, and awarded him costs.

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