Ellis v FJM Property Pty Ltd (No.2)

In *Ellis v FJM Property Pty Ltd (No.2)*, the applicant, Ms. Ellis, brought proceedings against FJM Property Pty Ltd (the first respondent) and others, alleging disability discrimination in relation to access to premises and the provision of goods, services, and facilities. The first respondent sought summary dismissal of the application.

The central legal issues before the court were whether the first respondent had a reasonable prospect of success in defending the claim, specifically whether it was in control of or responsible for the access to the premises and the provision of goods, services, and facilities in question. The court was required to determine if there was a sufficient basis to conclude that the first respondent lacked control or responsibility, thereby warranting summary dismissal.

Judge Antoni Lucev considered the evidence presented by the first respondent in support of its application for summary dismissal. The court's reasoning focused on the extent of the first respondent's control and responsibility concerning the premises and the services offered. The legal principles applied involved assessing whether the applicant could establish a prima facie case against the first respondent, and whether the first respondent could demonstrate that no reasonable finding could be made against it on the available material. The court ultimately found that the first respondent had not discharged the onus required for summary dismissal.

The court ordered that the application for summary dismissal be dismissed.