FEDERAL CIRCUIT COURT OF AUSTRALIA
| ELLIS v VIRGIN AUSTRALIA AIRLINES PTY LTD | [2018] FCCA 1535 |
| Catchwords: PRACTICE AND PROCEDURE – Application for adjournment – consideration of factors relevant to adjournment. |
| Legislation: Australian Human Rights Commission Act1986 (Cth), s.46PO Criminal Code Act1995 (Cth), Schedule, s.474.17 Disability Discrimination Act 1992 (Cth), ss.5, 6 Federal Circuit Court of Australia Act 1999 (Cth), ss.3, 42 Federal Circuit Court Rules 2001 (Cth), Part 12, rr.1.03, 13.03B, 13.10 |
| Applicant: | TROY ELLIS |
| Respondent: | VIRGIN AUSTRALIA AIRLINES PTY LTD |
| File Number: | PEG 22 of 2017 |
| Judgment of: | Judge Antoni Lucev |
| Hearing date: | 23 April 2018 |
| Date of Last Submission: | 23 April 2018 |
| Delivered at: | Perth |
| Delivered on: | 14 June 2018 |
REPRESENTATION
| For the Applicant: | No appearance |
| Counsel for the Respondent: | Mr AJ Power |
| Solicitors for the Respondent: | HWL Ebsworth Lawyers |
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- Case
- [2018] FCCA 1535
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Court were whether the applicant's application disclosed a cause of action, whether there had been non-compliance with Court orders, and whether the application had any reasonable prospect of success. The Court also considered the effect of prior observations made in relation to the applicant's pleading of disability discrimination in other cases, as well as the applicant's reprehensible conduct in the present matter and in other proceedings. The Court also considered an application for an adjournment made by the applicant.
In dismissing the application, the Court found that the statement of claim did not disclose a cause of action and that there was no reasonable prospect of success. The Court noted that the applicant had failed to comply with Court orders and that their conduct throughout the proceedings had been reprehensible. The Court also took into account the applicant's history in other litigation. The application for an adjournment was refused.
The Court ordered that the application be dismissed.
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