Gardiner v Toohey

[2007] FCA 1293

FEDERAL COURT OF AUSTRALIA

Gardiner v Toohey [2007] FCA 1293

CHRISTOPHER GERARD GARDINER v KAREN TOOHEY AND HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION

TAD 22 OF 2007

MARSHALL J
21 AUGUST 2007
HOBART

IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY	TAD 22 OF 2007

BETWEEN:

CHRISTOPHER GERARD GARDINER
Applicant

AND:

KAREN TOOHEY
First Respondent

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION
Second Respondent

JUDGE:	MARSHALL J
DATE OF ORDER:	21 AUGUST 2007
WHERE MADE:	HOBART

THE COURT ORDERS THAT:

1.The application for leave to appeal is dismissed.

2.The applicant pay the respondents’ costs of the application.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY	TAD 22 OF 2007

BETWEEN:

CHRISTOPHER GERARD GARDINER
Applicant

AND:

KAREN TOOHEY
First Respondent

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION
Second Respondent

JUDGE:	MARSHALL J
DATE:	21 AUGUST 2007
PLACE:	HOBART

REASONS FOR JUDGMENT

1. This proceeding was heard at the same time as proceeding TAD 20/2007 in which judgment has just been delivered.

2. It seeks leave to appeal from the judgment of Heerey J dismissing summarily a claim made against the respondents under the Administrative Decisions (Judicial Review) Act 1977 (Cth).

3. There is no separate basis upon which this application for leave to appeal can be granted apart from those matters relied on in proceeding TAD 20/2007. For that reason, this application must also be dismissed with costs.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Marshall.

Associate:
Dated:        21 August 2007

The applicant appeared for himself.
Counsel for the respondents:	Mr P Bowen
Solicitors for the respondents:	Australian Government Solicitor
Date of hearing:	21 August 2007
Date of judgment:	21 August 2007