Picos v Seven West Media Ltd

In Picos v Seven West Media Ltd, the applicant, Miss Picos, brought a claim against various respondents, including Telstra and Seven West Media Ltd, alleging breaches of the Sex Discrimination Act 1984 (Cth) and partnership liability. Miss Picos sought to amend her pleadings to include these claims, but Telstra and Seven West sought either summary dismissal or disjoinder of their names from the proceedings. The primary legal issues before the court were whether the pleadings disclosed a reasonable cause of action under the Sex Discrimination Act and if Telstra and Seven West could be held liable under the law of partnership.

The court examined the pleadings and found that Miss Picos had not alleged any facts that would support a claim of discrimination by Telstra or Seven West under the Sex Discrimination Act. Additionally, the court noted that there were no facts pleaded to establish that Telstra or Seven West were in partnership with HealthEngine, as alleged. The court held that these deficiencies were incurable and that there was no reasonable prospect of success for Miss Picos' claims against Telstra and Seven West based on the evidence presented. Consequently, the court allowed the applications for summary dismissal of the claims against Telstra and Seven West, and dismissed the proceeding in its entirety as against them.

The final orders of the court were that the proceeding was dismissed as against Telstra and Seven West pursuant to section 31A(2) of the Federal Court of Australia Act 1976, and that Miss Picos was to pay the costs of Telstra and Seven West as agreed or assessed.