Beetham v Cortra Pty Ltd

[2003] FCA 150

FEDERAL COURT OF AUSTRALIA

Beetham v Cortra Pty Ltd [2003] FCA 150

PRACTICE AND PROCEDURE – application for relief under the Human Rights and Equal Opportunity Commission Act 1986 (Cth) – no question of principle – transfer to Federal Magistrates Court

Federal Court of Australia Act 1976 (Cth) s 32A
Human Rights and Equal Opportunity Commission Act 1986 (Cth)

CARRIE BEETHAM v CORTRA PTY LTD

N36 OF 2003

EMMETT J
7 FEBRUARY 2003
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N36 OF 2003

BETWEEN:	CARRIE BEETHAM APPLICANT
AND:	CORTRA PTY LIMITED t/as Cheeky Monkeys RESPONDENT
JUDGE:	EMMETT J
DATE OF ORDER:	7 FEBRUARY 2003
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

(1)       the proceeding be transferred to the Federal Magistrates Court.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N36 OF 2003

BETWEEN:	CARRIE BEETHAM APPLICANT
AND:	CORTRA PTY LIMITED t/as Cheeky Monkeys RESPONDENT

JUDGE:	EMMETT J
DATE:	7 FEBRUARY 2003
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. The Applicant claims relief under the Human Rights and Equal Opportunity Commission Act 1986 (Cth). The incident in respect of which the applicant claims relief occurred at Byron Bay in Northern New South Wales. The Applicant, who has a disability that interferes with her walking, was in a wheelchair and claims to have been refused access or entry to a nightclub.

2. The Respondent seeks transfer to the Federal Magistrates Court.  There is no question of principle involved in the proceeding.  I am satisfied that the resources of the Magistrates Court are sufficient to hear and determine the proceeding and that, if the matter is transferred to the Magistrates Court, it is likely to be heard and determined at less cost and more convenience to the parties than would otherwise be the case.  It is not clear whether the matter would be heard any earlier in the Magistrates Court but, if it is transferred, it would not be heard significantly later than if the matter stayed in my list. 

3. Accordingly, pursuant to s 32AB(1) of the Federal Court of Australia Act 1976 (Cth), I order that the proceeding be transferred to the Federal Magistrates Court.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.

Associate:

Dated:             5 March 2003

Solicitor for the Applicant:	Gibsons Lawyers
Solicitor for the Respondent:	Stone & Partners
Date of Hearing:	7 February 2003
Date of Judgment:	7 February 2003