Beling v STAPELS - [2001] FMCA 135

FEDERAL MAGISTRATES COURT OF AUSTRALIA

BELING v STAPELS

[2001] FMCA 135

HUMAN RIGHTS – Conditional extension of time – arguable case – delay six weeks – extension granted for only one part of claim found to be arguable – whether words uttered in private – prejudice to respondent on medical grounds.

Human Rights and Equal Opportunity Commission Act 1986
Racial Discrimination Act 1975

Phillips v Australian Girls Choir & Anor. (2001) FMCA 109
Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 at 348
Comcare v A’Hearn (1993) 45 FCR 441
Ralkon v Aboriginal Development Commission (1982) 43 ALR 535 at 550
Lucic v Nolan (1982) 45 ALR 411 at 416
Dix v Client Compensation Tribunal (1993) 1 VR 297 at 302
Doyle v Chief of Staff (1982) 42 ALR 283 at 287
Wedesweiller v Cole (1983) 47 ALR 528

Applicant:

LESTER MONS BELING

Respondent:

PETER STAPELS

File No:

MZ 900 of 2001

Delivered on:

10 December 2001

Delivered at:

Melbourne

Hearing Date:

10 December 2001

Judgment of:

McInnis FM

REPRESENTATION

Counsel for the Applicant:

Mr W Swain

Solicitors for the Applicant:

Telford Storey and Associates

Counsel for the Respondent:

Ms M Richards

Solicitors for the Respondent:

Young Hubbard and Co

ORDERS

(1)The applicant be allowed pursuant to s 46PO of the Human Rights and Equal Opportunity Commission Act further time in which to make application against the respondent, pursuant to the Racial Discrimination Act until 16 July 2001.
(2)The application be restricted to allegations said to arise out of the incident which occurred on 30 June 2000.
(3)The applicant shall file and serve any further affidavits upon which he seeks to rely including any affidavits in support of loss and damage on or before 25 January 2002.
(4)The respondent shall file and serve any further affidavits upon which he seeks to rely on or before 15 February 2002.
(5)The proceedings shall be the subject of the mediation on or before
28 February 2002 to be conducted by a Registrar of the Court.
(6)The application be otherwise listed for hearing on 16 April 2002 with a hearing estimate of one day.
(7)Liberty to apply is granted to the parties in relation to any matters arising out of these orders.
(8)Costs reserved.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
MELBOURNE

MZ 900 of 2001

LESTER MONS BELING

Applicant

And

PETER STAPELS

Respondent

REASONS FOR JUDGMENT

This is an application by LESTER MONS BELING (“the applicant”) which arises out of a complaint which had been the subject of a notice of termination by the Human Rights and Equal Opportunity Commission, dated 4 May 2001. Before this court today, the applicant seeks an extension of time and does so pursuant to section 46PO(2) of the Human Rights and Equal Opportunity Commission Act 1986. That section provides as follows:
“(2) The application must be made within 28 days after the date of issue of the notice under subsection 46PH(2), or within such further time as the court concerned allows.”
It is…

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.

Continue reading Beling v STAPELS

Details

AGLC: Beling v STAPELS [2001] FMCA 135
Case: [2001] FMCA 135
Decision Date: 10 December 2001

CaseChat Overview and Summary

The case of Beling v Stapels involved a dispute where the applicant, Beling, sought an extension of time to make an application against the respondent, Stapels, under the Racial Discrimination Act. The matter was heard in the Federal Court of Australia. Beling aimed to pursue a claim for racial discrimination, alleging an incident that transpired on 30 June 2000.

The legal issues before the court were primarily concerned with whether Beling should be granted an extension of time to make the application, and if so, under what conditions. The court had to determine the appropriate timeline for the filing of further affidavits by both parties and establish a schedule for mediation and the hearing of the case. Additionally, the court considered the matter of costs.

The court found in favour of Beling, granting the extension of time for making the application until 16 July 2001. The court further specified that the application should be limited to the incident of 30 June 2000. It set deadlines for the submission of further affidavits by both parties and mandated a mediation session to be conducted by a Registrar of the Court. The case was scheduled for a hearing on 16 April 2002, with a one-day hearing estimate. The court also allowed liberty to apply for both parties regarding any matters arising from these orders and reserved the decision on costs.

Orders

Orders of the court

(1) The applicant be allowed pursuant to s 46PO of the Human Rights and Equal Opportunity Commission Act further time in which to make application against the respondent, pursuant to the Racial Discrimination Act until 16 July 2001.

(2) The application be restricted to allegations said to arise out of the incident which occurred on 30 June 2000.

(3) The applicant shall file and serve any further affidavits upon which he seeks to rely including any affidavits in support of loss and damage on or before 25 January 2002.

(4) The respondent shall file and serve any further affidavits upon which he seeks to rely on or before 15 February 2002.

(5) The proceedings shall be the subject of the mediation on or before

28 February 2002 to be conducted by a Registrar of the Court.

(6) The application be otherwise listed for hearing on 16 April 2002 with a hearing estimate of one day.

(7) Liberty to apply is granted to the parties in relation to any matters arising out of these orders.

(8) Costs reserved.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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