Forest v Virgin Blue Airlines

[2006] FMCA 1947

FEDERAL MAGISTRATES COURT OF AUSTRALIA

FOREST v VIRGIN BLUE AIRLINES [2006] FMCA 1947

HUMAN RIGHTS – Practice and procedure – anti-discrimination – particulars ordered.

Applicant: CHE FOREST

Respondent: VIRGIN BLUE AIRLINES PTY LTD

File Numbers: BRG865/2006 & BRG780/2006

Judgment of: Coates FM

Hearing date: 5 December 2006

Delivered at: Cairns

Delivered on: 5 December 2006

REPRESENTATION

Solicitors for the Applicant: Mr Che Forest appearing on his own behalf

Counsel for the Respondent: Ms Holthusen

Solicitors for the Respondent: Clayton Utz

ORDERS

1. The applicant file and serve a detailed claim by Thursday 25 January 2007;

2. That the respondent file and serve its defence by Friday, 23 February 2007. 

3. That the applicant file and serve a reply to the respondent's defence by Thursday, 8 March 2007.

4. The applicant file and serve all affidavit material upon which he will rely by Monday, 9 April 2007. 

5. The respondent file and serve any affidavit material upon which it will rely by Wednesday, 9 May 2007;

6. That the applicant file and serve any affidavit material in reply by Wednesday, 30 May 2007;

7. I give liberty to apply should the orders not be complied with. 

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
CAIRNS

BRG 865 of 2006 & BRG 780 of 2006

CHE FOREST

Applicant

And

VIRGIN BLUE AIRLINES PTY LTD

Respondent

REASONS FOR JUDGMENT

1. The applicant in this matter, Mr Che Forest, has made an appropriate submission that this matter be adjourned until the Federal Court brings down a decision in another matter in an application he has made under the same legislation.  I agree with that submission and I am prepared to adjourn the matter to a date to be fixed to allow that Federal Court decision to come down.

2. In the meantime, the applicant in the two matters before me, that is matters BRG780 of 2006 and BRG865 of 2006, asks for directions and those directions pertain to the applicant filing and serving a detailed claim, from there the respondent filing and serving its defence and from there the applicant filing and serving his reply; and then both parties to be given time to file and serve affidavit material. 

3. I have been taken to the applicant's applications in both matters and I have been taken to the affidavits in both matters and I rule that the application and the affidavits filed therein do not contain particulars of such a nature which would allow the respondent to know the case against it.  Now, the law says that any litigant has a right to know the case against it and that upon application for particulars a Court may make an order that such particulars be given.  That is the application here and I hereby make the order. 

4. Ms Holthusen, for the respondent, has handed to both the applicant and the Court a draft order and apart from the dates I intend making orders in the terms of the draft given up.  I will go to the order now.

   ORDERS DELIVERED

   RECORDED NOT TRANSCRIBED

5. Order (7) is deleted, because I am adjourning it to a date to be fixed then.  However, in substitution I am going to give liberty to apply should the orders not be complied with.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Coates FM

Associate: 

Date: