Ellis v Wslo Pty Ltd

Troy Ellis (the applicant) commenced proceedings in the Federal Circuit Court of Australia against WSLO Pty Ltd (the respondent), trading as Wokinabox- Inglewood. The applicant sought various final and interlocutory orders, including a written apology, an explanation regarding the lack of disabled access, and significant compensation. He also sought interlocutory orders for an immediate trial, a mediation offer with a minimum five-figure payment, no legal representation for the respondent, and a specific hearing date due to personal and health commitments.

The central legal issues before the Court were whether the applicant had complied with previous court orders requiring him to file and serve an affidavit detailing the facts and circumstances giving rise to his claims, including the calculation of any compensation sought. The respondent argued that the applicant had failed to provide adequate particulars, and therefore, the proceedings should be dismissed.

Judge McNab found that the applicant's affidavit, while stating his disability and general grievances about lack of access and alleged discrimination, did not sufficiently set out the facts and circumstances giving rise to his claims or explain how his compensation was calculated. The Court noted that the affidavit was in a similar form to one filed in previous, related proceedings and that the applicant had not complied with the specific orders made on 3 December 2018. Consequently, the Court determined that the applicant had failed to comply with the court's orders for adequate particulars.

Pursuant to rule 13.03B(1)(a) of the Federal Circuit Court Rules, the Court dismissed the application filed on 19 September 2018. The respondent was permitted to make any application for costs in writing to the Chambers of Judge McNab.