KUJUNDZIC v MAS National

This case involved an application by the second respondent, Inner Northern Group Training Ltd, for the summary dismissal of proceedings brought by the applicant, Joika Kujundzic. The applicant had lodged a complaint with the Australian Human Rights Commission alleging unlawful discrimination by the respondents. The Commission terminated the complaint, and the applicant subsequently commenced proceedings in the Federal Magistrates Court alleging discrimination in contravention of the Racial Discrimination Act 1975, the Sex Discrimination Act 1984 and the Disability Discrimination Act 1992. The second respondent sought to have the proceeding dismissed on the basis that it was statute barred. The Court found that the applicant's cause of action accrued when the Commission issued a notice of termination of her complaint. The Court also found that s.14(1) of the Limitation Act 1969 (NSW) was inconsistent with s.46PO(2) of the Australian Human Rights Commission Act 1986 and invalid to the extent of that inconsistency. The Court therefore dismissed the second respondent's application for summary dismissal.