Patrick v Wadoon Pty Ltd - [2007] FMCA 663

FEDERAL MAGISTRATES COURT OF AUSTRALIA

PATRICK v WADOON PTY LTD

[2007] FMCA 663

HUMAN RIGHTS – Sex discrimination – sexual harassment.

PRACTICE AND PROCEDURE – Adjournment – new and serious allegations raised in outline of submissions – further affidavits to be filed.

Sali v SPC Ltd (1993) 67 ALJR 841; (1993) 116 ALR 625
State of Queensland v JL Holdings Pty Ltd (1997) 189 CLR 146

Applicant:

PATRICK

Respondent:

WADOON PTY LTD

File Number:

ADG 87 of 2006

Judgment of:

Lucev FM

Hearing date:

1 May 2007

Date of Last Submission:

1 May 2007

Delivered at:

Adelaide

Delivered on:

1 May 2007

REPRESENTATION

Applicant:

Patrick appeared in person

Counsel for the Respondent:

Mr R. Manuel

Solicitors for the Respondent:

EMA Legal

ORDERS

The Applicant is granted leave to further amend the Amended Application (“the Further Amended Application”) and Amended Points of Claim (“the Further Amended Points of Claim”) to include the allegation in paragraph 5 of the Applicant’s Outline of Submissions, filed on 30 April 2007, which paragraph will become paragraph 8A of the Further Amended Application and paragraph 5.14 of the Further Amended Points of Claim, both filed on 24 October 2006.
The Applicant file and serve an affidavit in this matter containing and consolidating all facts, matters and circumstances relied on in support of the Further Amended Application and attaching thereto copies of all documents, including any documents electronically transmitted, referred to in the affidavit, and any other relevant documents, by 4.00 pm on 31 May 2007.
If the Applicant fails to comply with Orders 1 and 2 of these orders, then the Further Amended Application will be dismissed for non-compliance under rule 13.03 of the Federal Magistrates Court Rules, 2001 (Cth).
The Applicant file and serve any other affidavit(s) in support of the Further Amended Application and attaching thereto copies of all documents referred to therein, by 4.00 pm on 7 June 2007.
The Applicant not be allowed to file or serve any further affidavits, except those referred to in Orders 2 and 4 above, without the leave of the Court.
There be a directions hearing (by video-link to Perth) in this matter at 10.30 am Central Standard Time (“CST”) on 12 June 2007.
The Respondent file and serve any further affidavit(s) in reply to the Applicant’s affidavit(s), attaching thereto all documents, including documents electronically transmitted, referred to in the affidavit(s) by 4.00 pm on 6 July 2007.
The matter be re-listed for further hearing of four days commencing at 10.15 am on 25 September 2007.
The Applicant provide an address for service (other than a post office box) to Ms K. Smith of EMA Legal (solicitors for the Respondent), that address to remain confidential to Ms Smith (save for the purpose of effecting service), and not, in any event, to be disclosed to any officer, employee, servant or agent of the Respondent.
Costs of today be reserved, with argument on those costs adjourned to 10.15 am on 25 September 2007.

AND THE COURT NOTES THAT:

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Patrick v Wadoon Pty Ltd

Details

AGLC: Patrick v Wadoon Pty Ltd [2007] FMCA 663
Case: [2007] FMCA 663
Decision Date: 1 May 2007

CaseChat Overview and Summary

The case of Patrick v Wadoon Pty Ltd involved the Applicant, who alleged that they had been sexually harassed by their employer, Wadoon Pty Ltd. The dispute was heard in the court, where the Applicant sought to amend their application and points of claim to include a new allegation of sexual harassment. The matter required the court to determine whether the Applicant should be granted leave to amend their application and points of claim to include this new allegation, and if so, what further steps the Applicant should take to support the amended application.

The court considered whether the new allegation, which was raised in outline of submissions, was a significant addition that warranted an amendment to the application and points of claim. The court also needed to decide whether the Applicant should be granted an adjournment to file further affidavits and documents to support the amended application. The court had to balance the need for procedural fairness against the potential for delay and the impact on the opposing party.

In its decision, the court granted the Applicant leave to amend the application and points of claim to include the new allegation of sexual harassment. The court noted that the allegation was serious and required further investigation. The court also ordered that the Applicant file and serve an affidavit consolidating all facts and circumstances relied on in support of the amended application, along with relevant documents. The court further specified that if the Applicant failed to comply with these orders, the amended application would be dismissed.

The court's orders ensured that the Applicant had the opportunity to fully present their case, while also managing the procedural aspects of the litigation to prevent unnecessary delay. The final orders required the Applicant to file a comprehensive affidavit by a specific deadline, ensuring that all relevant information was available to the court for consideration.

Orders

Orders of the court

The Applicant is granted leave to further amend the Amended Application (“the Further Amended Application”) and Amended Points of Claim (“the Further Amended Points of Claim”) to include the allegation in paragraph 5 of the Applicant’s Outline of Submissions, filed on 30 April 2007, which paragraph will become paragraph 8A of the Further Amended Application and paragraph 5.14 of the Further Amended Points of Claim, both filed on 24 October 2006.

The Applicant file and serve an affidavit in this matter containing and consolidating all facts, matters and circumstances relied on in support of the Further Amended Application and attaching thereto copies of all documents, including any documents electronically transmitted, referred to in the affidavit, and any other relevant documents, by 4.00 pm on 31 May 2007.

If the Applicant fails to comply with Orders 1 and 2 of these orders, then the Further Amended Application will be dismissed for non-compliance under rule 13.03 of the

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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