Dongguang Li v Edith Cowan University

[2014] HCASL 103

DONGGUANG LI

v

EDITH COWAN UNIVERSITY

[2014] HCASL 103
P3/2014

1. Between 1995 and 2011, the applicant was employed by the respondent in an academic position.  On 12 September 2011, the applicant lodged complaints with the Commissioner for Equal Opportunity ("the Commissioner"), alleging that he had been the subject of unlawful discrimination by various office bearers of the respondent on the ground of his impairment.  On 9 December 2011, the Commissioner dismissed the applicant's complaints.

2. The applicant's complaints were subsequently referred to the State Administrative Tribunal of Western Australia ("the Tribunal") for inquiry.  On 17 April 2012, the Tribunal dismissed the applicant's complaints on the basis that the applicant had not demonstrated that they had a reasonably arguable basis.

3. The applicant sought leave to appeal to the Court of Appeal of the Supreme Court of Western Australia.  Prior to the hearing of the application for leave, the applicant requested that the hearing be adjourned.  He was advised by the Court of Appeal Office that, if he wished to make an application for an adjournment, he had to do so orally at the hearing of the appeal.  The applicant failed to appear at the hearing on 10 October 2013.  The Court of Appeal (Pullin, Newnes and Murphy JJA) refused the applicant leave to appeal.  In reasons published later, it held that none of the applicant's grounds of appeal was made out.

4. The applicant seeks an extension of time in which to file his application for special leave to appeal to this Court.  The applicant has not advanced any reason to doubt the correctness of the decision of the Court of Appeal, and there is no reason to doubt its correctness.  The application does not enjoy sufficient prospects of success to warrant the grant of leave.  Special leave should be refused.  There is therefore no utility in granting an extension of time.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
19 June 2014 P.A. Keane