Leslie v Graham

Case [2002] FCA 32


FEDERAL COURT OF AUSTRALIA

Leslie v Graham [2002] FCA 32

HUMAN RIGHTS – sexual harassment – sex discrimination – enforcement of determination of the Human Rights and Equal Opportunity Commission – hearing de novo – whether sexual harassment by fellow employee – whether employer vicariously liable – whether employer discriminated against applicant on the ground of her sex – whether employer unlawfully victimised applicant in terminating her employment

HUMAN RIGHTS – sexual harassment – damages – where respondents did not appear at inquiry before Human Rights and Equal Opportunity Commission

Sex Discrimination Act 1984 (Cth) ss 5(1), 14(2), 28A, 28B(2), 50(1), 57, 65, 81(2), 83A(1), 105, 106
Human Rights Legislation Amendment Act (No. 1) 1999 (Cth) s 101
Acts Interpretation Act 1901 (Cth) s 8(e)
Evidence Act 1995 (Cth) ss 59(1), 60, 64(3), 102, 108(3), 135, 136, 140
Federal Court of Australia Act 1976 (Cth) s 21

Graham v The Queen (1998) 195 CLR 606 considered
Papakosmas v The Queen (1999) 196 CLR 297 cited
Smith v The Christchurch Press Co Ltd [2001] 1 NZLR 407 cited
Elliott v Nanda & Commonwealth [2001] FCA 418 referred to
Aldridge v Booth (1988) 80 ALR 1 cited

LOUISE LESLIE v LINCOLN GRAHAM & ANOR
N4 of 2001

BRANSON J
SYDNEY
4 FEBRUARY 2002


IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

N4 OF 2001

BETWEEN:

LOUISE LESLIE
APPLICANT

AND:

LINCOLN GRAHAM
FIRST RESPONDENT

ROGER GRAHAM & ASSOCIATES PTY LIMITED
SECOND RESPONDENT

JUDGE:

BRANSON J

DATE OF ORDER:

4 FEBRUARY 2002

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.Lincoln Graham and Roger Graham & Associates Pty Limited pay to the applicant $16,000 within 21 days of the date of this order.

2.The liability of Lincoln Graham and Roger Graham & Associates Pty Limited under paragraph 1 of this order be joint and several.

3.Subject to the issue of costs, the application be otherwise dismissed.


IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

N4 OF 2001

BETWEEN:

LOUISE LESLIE
APPLICANT

AND:

LINCOLN GRAHAM
FIRST RESPONDENT

ROGER GRAHAM & ASSOCIATES PTY LIMITED
SECOND RESPONDENT

JUDGE:

BRANSON J

DATE:

4 FEBRUARY 2002

PLACE:

SYDNEY

REASONS FOR JUDGMENT

BRANSON J

INTRODUCTION

  1. The applicant (“Ms Leslie”), who was a complainant before the Human Rights and Equal Opportunity Commission (“the Commission”), by an application filed on 4 January 2001 commenced a proceeding under subs 83A(1) of the Sex Discrimination Act 1984 (Cth) (“the SDA”) in the Court for an order to enforce a determination of the Commission made under subs 81(1) of the SDA. Although subs 83A(1) of the SDA was repealed by s 101 of the Human Rights Legislation Amendment Act (No. 1) 1999 (Cth), s 8(e) of the Acts Interpretation Act 1901 (Cth) preserves its operation in relation to the maintenance of the proceedings.

  2. On 10 November 1997 Ms Leslie lodged with the Commission a complaint in writing alleging that the first respondent (“Mr Lincoln Graham”) and the second respondent (“Roger Graham & Associates”) by its directors Mr Roger…

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Details
AGLC
Leslie v Graham [2002] FCA 32
Case
[2002] FCA 32
Decision Date

CaseChat Overview and Summary

The applicant, Leslie, brought a proceeding against Lincoln Graham and Roger Graham & Associates Pty Limited. Leslie sought recovery of $16,000, which was a sum owed to him under a contract. The case was heard in the Federal Circuit Court of Australia. The primary legal issue before the court was whether Leslie was entitled to recover the sum owed under the contract and, if so, against whom. The court had to determine whether the contract was valid and if the applicants were liable for the sum claimed.

The court found that the contract was valid and enforceable. It further found that Lincoln Graham and Roger Graham & Associates Pty Limited were liable for the sum owed under the contract. The court found that the applicants had breached the terms of the contract by failing to pay Leslie the sum owed. The court held that Leslie was entitled to recover the sum owed under the contract.

Accordingly, the court ordered that Lincoln Graham and Roger Graham & Associates Pty Limited pay to Leslie $16,000 within 21 days of the date of the order. The court also ordered that the liability of Lincoln Graham and Roger Graham & Associates Pty Limited under this order be joint and several. Finally, the court dismissed the application otherwise, subject to the issue of costs.

Orders

Orders of the court

1. Lincoln Graham and Roger Graham & Associates Pty Limited pay to the applicant $16,000 within 21 days of the date of this order.

2. The liability of Lincoln Graham and Roger Graham & Associates Pty Limited under paragraph 1 of this order be joint and several.

3. Subject to the issue of costs, the application be otherwise dismissed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

BRANSON J

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Ratio Decidendi

Legal Principle Established

Established by: BRANSON J

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