Hewit v Dempsey
Case
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[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.
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
Key Legal Topics
Areas of Law
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Administrative Law
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Employment Law
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Negligence & Tort
Legal Concepts
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Injunction
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Standing
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Procedural Fairness
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Remedies
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Proportionality
Actions
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Citations
Hewit v Dempsey [2016] FCCA 904
Most Recent Citation
Krysiak v Public Transport Authority of Western Australia [2016] FCCA 2121
Cases Citing This Decision
1
Krysiak v Public Transport Authority of Western Australia
[2016] FCCA 2121
Cases Cited
2
Statutory Material Cited
3
Purvis v New South Wales
[2003] HCA 62
Purvis v State of NSW (Dept Education & Training) & Anor
[2003] HCATrans 674