Hewit v Dempsey

Case

[2016] FCCA 904

20 April 2016


Details
AGLC Case Decision Date
Hewit v Dempsey [2016] FCCA 904 [2016] FCCA 904 20 April 2016

CaseChat Overview and Summary

In *Hewit v Dempsey*, the applicant, Ms Hewit, sought an interim injunction against the respondent, Mr Dempsey, under section 46PP(1) of the *Australian Human Rights Commission Act 1986*. The application was based on allegations that Mr Dempsey had contravened sections 23 and 24 of the *Disability Discrimination Act 1992*.

The court was required to determine two primary legal issues: first, whether Ms Hewit had established a prima facie case of discrimination under the *Disability Discrimination Act 1992*; and second, whether the balance of convenience favoured the granting of an interim injunction.

Judge Manousaridis found that Ms Hewit had not established a prima facie case of discrimination. Consequently, the court determined that the balance of convenience did not favour the granting of an interim injunction. The application was therefore refused.
Details

Areas of Law

  • Administrative Law

  • Employment Law

  • Negligence & Tort

Legal Concepts

  • Injunction

  • Standing

  • Procedural Fairness

  • Remedies

  • Proportionality

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Cases Citing This Decision

1

Cases Cited

2

Statutory Material Cited

3

Purvis v New South Wales [2003] HCA 62