Joy v UGL Operations and Maintenance Pty Limited

FEDERAL COURT OF AUSTRALIA

Joy v UGL Operations and Maintenance Pty Limited [2021] FCA 1282

File number:

WAD 31 of 2021

Judgment of:

MCKERRACHER J

Date of judgment:

21 October 2021

Catchwords:

HUMAN RIGHTS – application for summary dismissal and strike out of parts of statement of claim – claim of racial discrimination pursuant to ss 9, 15 and 18A of the Racial Discrimination Act 1975 (Cth) – whether certain allegations disclose no reasonable cause of action – whether certain allegations are scandalous, evasive or ambiguous

Legislation:

Federal Court of Australia Act 1976 (Cth) s 31A(2)

Racial Discrimination Act 1975 (Cth) ss 9, 9(1), 9(1A), 15, 15(1)(b), 18A

Federal Court Rules 2011 (Cth) r 26.01

Cases cited:

Australian Securities and Investments Commission v Cassimatis [2013] FCA 641; (2013) 220 FCR 256

Chandrasekaran v Commonwealth (No 3) [2020] FCA 1629

Commonwealth v McEvoy [1999] FCA 105; (1999) 94 FCR 341

Elston v Commonwealth [2013] FCA 108

Faruqi v Latham [2018] FCA 1328

Morton v Mitchell Products Pty Ltd [1996] FCA 828

Singh v Khan (No 2) [2021] FCA 463

Spencer v Commonwealth [2010] HCA 28; (2010) 241 CLR 118

Travers v New South Wales [2000] FCA 1565

Webster v Lampard [1993] HCA 57; (1993) 177 CLR 598

Division:

General Division

Registry:

Western Australia

National Practice Area:

Administrative and Constitutional Law and Human Rights

Number of paragraphs:

52

Date of hearing:

29 September 2021

Counsel for the Applicant:

The Applicant appeared in person

Counsel for the Respondent:

Mr ND Ellery

Solicitor for the Respondent:

Corrs Chambers Westgarth

ORDERS

WAD 31 of 2021

BETWEEN:

NAVIN VELLAPARAMBIL JOY

Applicant

AND:

UGL OPERATIONS AND MAINTENANCE PTY LIMITED

Respondent

ORDER MADE BY:	MCKERRACHER J
DATE OF ORDER:	21 OCTOBER 2021

THE COURT ORDERS THAT:

1.The amended statement of claim be struck out in part and the causes of action dismissed in part.

2.There be liberty to plead within 30 days a fresh further amended statement of claim provided that it conforms with the reasons for this judgment.

3.Costs of this application be in the cause.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

MCKERRACHER J:

1. The respondent, UGL Operations and Maintenance Pty Limited, seeks to have parts of the amended statement of claim filed by the applicant (Mr Joy) summarily dismissed or struck out. Mr Joy appears for himself. Mr Joy contends that he has suffered loss as a result of racial discrimination in connection with his employment by UGL, on the basis that he is Asian and has a skin colour which is not Caucasian. UGL contends that a number of Mr Joy’s claims are unsustainable as a matter of law, and that others should be struck out as being embarrassing (without leave to re-plead). There is evidence in support of the UGL application making it clear that UGL has afforded Mr Joy previous opportunities to attempt to re-plead his claim. UGL says that it is obvious…