FEDERAL CIRCUIT COURT OF AUSTRALIA
| ELLIS v REDWAVE MEDIA PTY LIMITED | [2019] FCCA 1431 |
| Catchwords: PRACTICE AND PROCEDURE – Respondents’ Application in a Case for summary dismissal of claim – in the alternative to strike out claim – whether failure to disclose a reasonable cause of action – whether any reasonable prospect of success – whether pleading scandalous, frivolous and vexatious – whether pleading an abuse of process – whether claim or portions thereof to be struck out – whether claim to be re-pleaded. WORDS AND PHRASES – “services”. |
| Legislation: Australian Human Rights Commission Act 1986 (Cth), s.46PH |
| Applicant: | TROY ELLIS |
| Respondent: | REDWAVE MEDIA PTY LIMITED TRADING AS RED FM |
| File Number: | PEG 8 of 2015 |
| Judgment of: | Judge Antoni Lucev |
| Hearing date: | 9 March 2016 |
| Date… |
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- Case
- [2019] FCCA 1431
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether Mr Ellis's claim, as pleaded, disclosed a reasonable cause of action under the relevant anti-discrimination legislation, and whether it had any reasonable prospect of success. This involved determining whether the respondent's conduct, as alleged by Mr Ellis, constituted discrimination on the grounds of disability in relation to the provision of "services" as contemplated by the legislation. The court also considered whether the pleadings were so deficient or vexatious as to warrant being struck out.
Judge Lucev found that the claim, as presently pleaded, did not disclose a reasonable cause of action. His Honour reasoned that the applicant had failed to adequately particularise how the respondent's alleged conduct amounted to a failure to provide "services" in a manner that was discriminatory due to his disability. The pleadings lacked the necessary specificity to establish a nexus between the alleged disadvantage and the provision of services, rendering the claim unsustainable in its current form. Consequently, the court ordered that the claim be struck out, with leave granted to the applicant to re-plead.
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Background
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Evidence
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Ratio Decidendi
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