Lincoln v Holmesglen Institute of TAFE

[1999] FCA 603

FEDERAL COURT OF AUSTRALIA

Lincoln v Holmesglen Institute of TAFE [1999] FCA 603

DISCRIMINATION LAW – application for enforcement of an interim determination of the President of the Human Rights and Equal Opportunity Commission.

STANLEY PMHV FITZROY-MENDES AMARASURIYA ASIA ABRAHAM LINCOLN III v HOLMESGLEN INSTITUTE OF TAFE
V 52 of 1999

GOLDBERG J
5 MAY 1999
MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V52 of 1999

BETWEEN:	STANLEY PMHV FITZROY-MENDES AMARASURIYA ASIA ABRAHAM LINCOLN III Applicant
AND:	HOLMESGLEN INSTITUTE OF TAFE Respondent
JUDGE:	GOLDBERG J
DATE OF ORDER:	5 MAY 1999
WHERE MADE:	MELBOURNE

UPON the respondent by its counsel undertaking to the Court that it will comply with the interim order of President Alice Tay of the Human Rights and Equal Opportunity Commission (“the Commission”) on 9 December 1998 that pending the resolution of the complaint before the Commission, it is to refrain from recording a fail mark against those subjects for which the applicant was enrolled in the second semester of 1998, until the removal of that interim determination or the resolution of the complaint by the applicant before the Commission or until further order of this Court.

THE COURT ORDERS THAT:

1.The application filed 9 February 1999 is dismissed.  

2.        There be no order as to costs.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V52 of 1999

BETWEEN:	STANLEY PMHV FITZROY-MENDES AMARASURIYA ASIA ABRAHAM LINCOLN III Applicant
AND:	HOLMESGLEN INSTITUTE OF TAFE Respondent

JUDGE:	GOLDBERG J
DATE:	5 MAY 1999
PLACE:	MELBOURNE

EX TEMPORE REASONS FOR JUDGMENT (No 3)

1. I have refused the applicant’s application to adjourn the hearing of the proceeding.  I have heard further submissions from the parties on the issue before the Court.

2. Mr Niall, counsel for the respondent, has informed the Court that he has instructions on behalf of the respondent that it undertakes to the Court that it will comply with the interim order of President Alice Tay of Human Rights and Equal Opportunity Commission (“the Commission”) on 9 December 1998 that pending the resolution of the complaint before the Commission the respondent Holmesglen Institute of TAFE, is to refrain from recording a fail mark against those subjects for which the applicant was enrolled in the second semester of 1998, until the removal of that interim determination or the resolution of the complaint by the applicant before the Commission or until further order of this Court.

3. On that basis for, the reasons referred to in my ruling on the application for an adjournment, the applicant effectively has the result he seeks in this Court.

4. The undertaking on behalf of the respondent having been given to the Court the order of the Court is that the application filed 9 February 1999 is dismissed with no order as to costs.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Goldberg.

Associate:

Dated:             5 May 1999

Counsel for the Applicant:	Applicant in person
Counsel for the Respondent:	Mr R M Niall
Solicitor for the Respondent:	Mallesons Stephen Jaques
Date of Hearing:	5 May 1999
Date of Judgment:	5 May 1999