Gordon v Greenup; Gordon v WAG Earthmoving Pty Ltd and Gordon v Drew Marsden and Anor

The parties in this case were Gordon and several others, including Greenup, WAG Earthmoving Pty Ltd, and Drew Marsden. The dispute centred on the validity of originating applications filed in relation to alleged breaches of anti-discrimination laws under the Australian Human Rights Commission Act 1986 (Cth). The matter was heard in the Federal Circuit Court of Australia. The core legal issue before the court was whether the applicant's delay in filing the originating applications could be excused under section 46PO(2) of the Act. This section allows for an extension of time in specific circumstances, and the court had to determine whether Gordon's situation fell within these criteria.

The court examined the circumstances surrounding Gordon's delay in filing the originating applications. It considered whether there were exceptional circumstances that justified the delay. The court found that Gordon had acted promptly in lodging the applications once he became aware of the potential for a breach of the Act, and that the delay was not due to any fault or neglect on his part. The court was satisfied that the delay did not prejudice the respondents and that an extension of time was warranted to ensure justice was served. Consequently, the court granted Gordon's application for an extension of time under section 46PO(2) of the Act, allowing the applications to proceed.