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Pop v Taylor

Pop v Taylor

Case [2015] FCCA 1720 26 June 2015

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FEDERAL CIRCUIT COURT OF AUSTRALIA

POP v TAYLOR

[2015] FCCA 1720

Catchwords:
HUMAN RIGHTS – Discrimination law – discrimination in employment – disability discrimination – direct discrimination – application of principle in Jones v Dunkel – definition of disability – appropriate comparator – inherent requirements of position – less favourable treatment – accessorial liability – inherent requirements of position – reasonable adjustments – damages.

Legislation:

Disability Discrimination Act 1992, ss.3, 4, 5, 6, 10, 15, 21A, 122
Australian Human Rights Commission Act 1986, ss.46PH, 46PO
Evidence Act 1995, s.140
Federal Circuit Court Act 1999, ss.76, 79
Federal Circuit Court Rules, rr.15.31, 21.10

Purvis v New South Wales (Department of Education & Training) (2003) 217 CLR 92
Jones v Dunkel (1959) 101 CLR 295
Fox v Percy (2003) 214 CLR 118
Briginshaw v Briginshaw (1938) 60CLR 336
Penhall-Jones v New South Wales [2007] FCA 925
Railpro Service Pty Ltd v Flavel [2015] FCA 504
Waters v Public Transport Corporation (1991) 173 CLR 349
R v Birmingham City Council; Ex parte Equal Opportunities Commission (1989) 2 WLR 520
Fetherston v Peninsula Health [2004] FCA 485
Cooper v Human Rights and Equal Opportunities Commission and Anor (1999) 93 FCR 481
Elliott v Nanda (2001) FCR 240
Devonshire v Magellan Powertronics Pty Ltd & Ors [2013] FMCA 207
X v Commonwealth of Australia & Anor (1999) 200 CLR 177
Cosma v Qantas Airways Limited [2002] FCA 640
Hall v A & A Sheiban Pty Ltd (1989) 20 FCR 217
Richardson v Oracle Corporation Australia Pty Ltd [2014] FCAFC 82
Clarke v Catholic Education Office & Anor (2003) 202 ALR 340
O’Brien v Dunsdon (1965) 39 ALJR 78
Alexander v Home Office [1988] 1 WLR 968
Kraus v Menzie [2012] FCA 3

Applicant:

ANCA POP

Respondent:

JONATHON WILLIAM TAYLOR

File Number:

ADG 342 of 2014

Judgment of:

Judge Brown

Hearing dates:

26 & 27 March 2015

Date of Last Submission:

27 March 2015

Delivered at:

Adelaide

Delivered on:

26 June 2015

REPRESENTATION

Counsel for the Applicant:

Ms Stewart

Solicitors for the Applicant:

Cowell Clarke

Counsel for the Respondent:

Mr Manuel

Solicitors for the Respondent:

Michael Brown

ORDERS

The Court declares that the respondent unlawfully discriminated against the applicant contrary to section 15(2)(c) of Disability Discrimination Act 1992 (Cth) on 4 October 2013 by unlawfully dismissing her from employment.
It is ordered that the respondent pay general damages to the applicant in the sum of $5,000.00 together with special damages in the sum of $5,000.00 making a total of $10,000.00 on which interest of $1,000.00 is calculated.
The respondent pay the applicant’s costs pursuant to section 79(2) of the Federal Circuit Court Act 1999 (Cth) and rule 21.10 of the Federal Circuit Court Rules 2001 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT ADELAIDE

ADG 342 of 2014

ANCA POP

Applicant

And

JONATHON WILLIAM TAYLOR

Respondent

REASONS FOR JUDGMENT

Introduction

Anca Pop “the applicant” has qualifications in accountancy. On 21 February 2013, she commenced employment, as a bookkeeper, with a firm known…

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 Pop v Taylor

Details

AGLC: Pop v Taylor [2015] FCCA 1720
Case: [2015] FCCA 1720
Decision Date: 26 June 2015

CaseChat Overview and Summary

In *Pop v Taylor*, the Supreme Court of Queensland considered a dispute between the parties concerning the proper construction of a will. The applicant, Pop, sought to have the will interpreted in a particular way, while the respondent, Taylor, argued for a different interpretation.

The central legal issue before the Court was whether the deceased's intention, as expressed in the will, was to create a life interest in favour of the respondent with the remainder to the applicant, or whether the applicant was to receive an immediate interest in the property. This required the Court to examine the specific wording of the relevant clause in the will and consider established principles of testamentary construction.

Judge Brown applied the well-settled principle that the paramount consideration in interpreting a will is to ascertain the testator's intention. This intention must be gathered from the words used in the will itself, read as a whole, and in light of the surrounding circumstances known to the testator at the time the will was made. The Court analysed the language employed in the clause in question, noting that while certain phrases might suggest a life interest, other provisions and the overall scheme of the will pointed towards an immediate gift. The Court concluded that the testator's intention was to confer an immediate interest upon the applicant, subject to a limited right of occupation for the respondent.

The Court therefore made orders declaring that the applicant was entitled to the property in fee simple, subject to the respondent's right to reside in the property for the remainder of her life.

Orders