| CITATION: | Payne v APN News & Media [2016] QCATA 140 |
| PARTIES: | Tracey Payne (Applicant/Appellant) |
| v APN News & Media (Australia Regional Media) | |
| (Respondent) | |
| APPLICATION NUMBER: | APL042-16 |
| MATTER TYPE: | Appeals |
| HEARING DATE: | 22 August 2016 |
| HEARD AT: | Brisbane |
| DECISION OF: | Justice Carmody Dr J R Forbes, Member |
| DELIVERED ON: | 27 September 2016 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. Leave to appeal is refused. |
| CATCHWORDS: | APPEAL AND NEW TRIAL – APPEAL - GENERAL PRINCIPLES – INTERFERENCE WITH JUDGE’S FINDINGS – FUNCTIONS OF APPELLATE COURT – IN GENERAL – whether error of law in fact finding – test for such error – no error found – principles for granting leave to appeal – leave refused HUMAN RIGHTS – DISCRIMINATION – GENERALLY – Anti-Discrimination Act 1991 (Qld) – where the applicant was a lawfully employed sex worker – where the applicant placed advertisements in the respondent’s newspapers – where the applicant alleges that she was discriminated against by the charging of higher amounts for advertising – where the applicant claims the respondent unlawfully published advertisements – whether direct discrimination – whether indirect discrimination – whether victimisation Anti-Discrimination Act 1991 (Qld) ss 7, 10, 11, 130, Schedule Prostitution Regulation 2014 (Qld) s 15 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Minister for Immigration and Citizenship v SZMDS & Another (2010) 240 CLR 611 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 Pickering v McArthur [2005] QCA 294 R v Ashley [2005] QCA 293 Secretary of State for Education and Science v Tameside Metropolitan Borough Council [1977] AC 1014 |
APPEARANCES and REPRESENTATION:
APPLICANT: | Mr C Payne as lay representative for the applicant |
RESPONDENT: | Mr C Murdoch of Counsel instructed by Minter Ellison |
REASONS FOR DECISION
Carmody J
I have had the benefit of reading a draft of Dr Forbes’ reasons for decision. I agree with them entirely and having nothing to…
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- Case
- [2016] QCATA 140
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court involved determining whether the applicant had suffered direct discrimination, indirect discrimination, or victimisation under the Act. The court was also required to assess whether the judge's findings of fact were subject to any error of law. The principles governing the granting of leave to appeal and the functions of the appellate court in reviewing such decisions were central to the court's deliberations.
The court found that there was no error of law in the judge's findings. It held that the applicant had not demonstrated any direct or indirect discrimination, nor had she been subjected to victimisation as defined by the Act. The court emphasised that the function of an appellate court is to correct errors of law, and it found no such errors in the primary judge's decision. Consequently, the court refused the applicant's request for leave to appeal.
No further orders were made beyond the refusal of leave to appeal.
Orders
Orders of the court
1. Leave to appeal is refused.
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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