Ellis v Redwave Media Pty Limited

In *Ellis v Redwave Media Pty Limited*, the applicant, Mr Ellis, brought a disability discrimination claim against the respondent, Redwave Media Pty Limited. The respondent sought summary dismissal of the claim, or in the alternative, to strike out the claim on various grounds, including that it failed to disclose a reasonable cause of action, had no reasonable prospect of success, was scandalous, frivolous, vexatious, or an abuse of process.

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.