Ellis v Wadjemup Trading Pty Ltd ATF Wadjemup Unit Trust and Ors (No.2)

The applicant, Mr. Ellis, brought proceedings against Wadjemup Trading Pty Ltd ATF Wadjemup Unit Trust and others, alleging disability discrimination in relation to access to premises. The matter came before the Federal Court of Australia, presided over by Judge Lucev, on an application for an extension of time to file the originating application.

The primary legal issue before the Court was whether to grant Mr. Ellis an extension of time to file his originating application. This required the Court to consider the relevant factors for such an application, including the explanation provided for the delay in filing, the potential prejudice to the respondents if an extension were granted, and whether the applicant had an arguable case.

Judge Lucev considered the applicant's explanation for the delay, noting that while some explanation was provided, it was not entirely satisfactory. However, the Court also assessed the prejudice to the respondents, finding that it was not substantial and could be managed. Crucially, the Court determined that Mr. Ellis had an arguable case of disability discrimination, which weighed heavily in favour of granting the extension. The Court applied the principles that an arguable case is a significant factor, and that prejudice to the respondent, while relevant, should not necessarily bar an extension, particularly where the applicant has a strong claim.

The Court ordered that the applicant be granted an extension of time to file his originating application.