FEDERAL COURT OF AUSTRALIA
Ingram-Nader v Brinks Australia Pty Limited [2005] FCA 1541
PRACTICE AND PROCEDURE – leave to appeal – matter of practice and procedure – interlocutory judgment – interference with exercise of discretion - sufficient doubt to warrant reconsideration
HUMAN RIGHTS – extension of time – principles to be applied – prejudice – merits of application – evidence from bar table - procedural fairness
Human Rights and Equal Opportunity Commission Act 1986 (Cth) - ss 46PH and 46PO
Sexual Discrimination Act 1984 (Cth) – ss 27 and 106Australian Coal and Shale Employees’ Federation v Commonwealth (1953) 94 CLR 621 referred to
Comcare v A'Hearn (1993) 45 FCR 441 cited
Décor Pty Limited v Dart Industries Inc (1991) 33 FRC 397 applied
Dix v Crimes Compensation Tribunal (1993) 1 VR 297 cited
Doyle v Chief of Staff (1982) 42 ALR 283 cited
Drew v Bates & Anor [2005] FMCA 1221 referred to
House v R (1936) 55 CLR 419 applied
Kioa v West (1985) 159 CLR 550 referred to
Minogue v Williams (2000) 60 ALD 366 referred toPham v Commonwealth of Australia [2002] FCA 669 referred to
Phillips v Australian Girls Choir Pty Limited [2001] FMCA 109 referred to
Ralkon v Aboriginal Development Commission (1982) 43 ALR 535 cited
Wedesweiller v Cole (1983) 47 ALR 528 citedNEHME INGRAM-NADER v BRINKS AUSTRALIA PTY LIMITED
NSD 1812 of 2005
JACOBSON J
3 NOVEMBER 2005
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 1812 of 2005
BETWEEN:
NEHME INGRAM-NADER
APPLICANTAND:
BRINKS AUSTRALIA PTY LIMITED
RESPONDENTJUDGE:
JACOBSON J
DATE OF ORDER:
3 NOVEMBER 2005
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1. Leave be granted to the applicant to appeal from the decision of Federal Magistrate Driver dismissing an application for an extension of time.
2. The grounds of appeal be limited to whether the Federal Magistrate erred in his consideration of:
(a) the test of whether the respondent was prejudiced by the delay; and
(b) whether the respondent was liable for the actions of its employees in light of s106 of the Sexual Discrimination Act 1984 (Cth).
3. The applicant file and serve a notice of appeal identifying the grounds of appeal in or to the effect of the terms contained in order 2 above.
4. Costs of the application be costs in the appeal.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 1812 of 2005
BETWEEN:
NEHME INGRAM-NADER
APPLICANTAND:
BRINKS AUSTRALIA PTY LIMITED
RESPONDENTJUDGE:
JACOBSON J
DATE:
3 NOVEMBER 2005
PLACE:
SYDNEY
REASONS FOR JUDGMENT
Introduction
This is an application for leave to appeal against the interlocutory orders and judgment of Federal Magistrate Driver dated 19 September 2005. On that date the learned magistrate dismissed an application to extend time to apply to the Federal Magistrates Court (“FMC”) for relief under s 46PO(2) of the Human Rights…
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- Case
- [2005] FCA 1541
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
1. Leave be granted to the applicant to appeal from the decision of Federal Magistrate Driver dismissing an application for an extension of time.
2. The grounds of appeal be limited to whether the Federal Magistrate erred in his consideration of:
(a) the test of whether the respondent was prejudiced by the delay; and
(b) whether the respondent was liable for the actions of its employees in light of s106 of the Sexual Discrimination Act 1984 (Cth).
3. The applicant file and serve a notice of appeal identifying the grounds of appeal in or to the effect of the terms contained in order 2 above.
4. Costs of the application be costs in the appeal.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: JACOBSON J
Full text does not contain this section.