Wsol v John James Memorial Hospital

Link copied
Case Copied 31 min read

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

WSOL v JOHN JAMES MEMORIAL HOSPITAL

Citation:

[2015] ACTSC 378

Hearing Date(s):

4 September 2014

DecisionDate:

28 August 2015

Before:

Refshauge J

Decision:

1. The application for an extension of time in which to appeal is dismissed.

2. There be no order as to costs.

Category:

Principal Judgment

Catchwords:

APPEAL – Jurisdiction, practice and procedure – Appeal from the ACAT – Leave to appeal out of time – Discrimination on the grounds of race –  Unrepresented litigant – Litigation guardian – Subpoeanaing of further witnesses – Fresh evidence – Workers compensation and damages for discrimination – Delay in delivering decision – Causation

Legislation Cited:

ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (ACT); s 86
ACT Civil and Administrative Tribunal Procedural Directions 2010 (No 1) (ACT); clause 20
Court Procedure Rules 2006 (ACT); r 5072
Discrimination Act 1991 (ACT); ss 11, 121A, 18C, 18D
Human Rights Commission Act 2005 (ACT); s 53E
Workers Compensation Act 1951 (ACT); Parts 4.3, 4.4, 4.5

Trade Protection Act 1974 (Cth) ss 51AA, 51AB

Cases Cited:

Alexander v Home Office [1988] 2 All ER 118
Clements v Independent Indigenous Advisory Committee (2003) 131 FCR 28
Committee of Direction of Fruit Marketing v Australian Postal Commission (1979) 2 ALD 561
Eastman v The Queen (2000) 203 CLR 1
Ex parte Currie: Re Dempsey (1968) 70 SR (NSW) 1
Hall v A & A Sheiban Pty Ltd (1989) 20 FCR 217
Harrison v Schipp (2002) 54 NSWLR 612
Henville v Walker (2001) 206 CLR 459
Jeffers v The Queen (1993) 67 ALJR 288
Jones v Dunkel (1959) 101 CLR 298
Klobucar v The Queen [2014] ACTCA 6
Maher v Carpenter (2012) 7 ACTLR 216
Minister for Immigration and Ethnic Affairs v Gungon (1982) 63 FLR 441
Outboard Marine Australia Pty Ltd v Byrnes [1974] 1 NSWR 27

Perry v Smith (1901) 27 VLR 66
Pires v DibbsBarker Canberra Pty Ltd [2014] ACTSC 283 R v Meyboom (2012) 256 FLR 450
Re Coldham; Ex parte Brideson (No 2) (1990) 170 CLR 267
Servos v Repatriation Commission (1995) 56 FCR 377
Sharman v Legal Aid Queensland [2002] FCAFC 196
Wsol v John James Memorial Hospital (Unreported, Discrimination Tribunal of the Australian Capital Territory, Magistrate Stefaniak, DT No 3 of 2008, 17 December 2008
Wsol v John James Memorial Hospital (Unreported, Supreme Court of the Australian Capital Territory, Master Harper, SCA No 1 of 2009, 22 May 2009)
Wsol v John James Memorial Hospital [2011] ACAT 81

Parties:

Lolita Wsol (Applicant)

John James Memorial Hospital (Respondent)

Representation:

Counsel

Ms L Wsol (Self-represented) (Applicant)

No appearance (Respondent)

Solicitors

Self-represented (Applicant)

No appearance (Respondent)

File Number(s):

SCA 68 of 2014

Decision under appeal: 

Court/Tribunal:             ACT Civil and Administrative Tribunal

Before:  President Crebbin

Date of Decision:         15 September 2011

Case Title:  Wsol v John James Memorial Hospital

Citation: [2011] ACAT 81

REFSHAUGE J:

  1. The applicant, Lolita Wsol, was employed by the respondent, John James Memorial Hospital (the Hospital), in various…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Wsol v John James Memorial Hospital and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2015] ACTSC 378
Decision Date

CaseChat Overview and Summary

Wsol, the appellant, brought an appeal against the respondent, John James Memorial Hospital, after the Administrative Appeals Tribunal (ACAT) dismissed Wsol's claim for discrimination on the grounds of race. The ACAT also awarded costs against Wsol. Wsol sought leave to appeal out of time and to subpoena further witnesses, arguing fresh evidence was available and the delay in delivering the decision was due to the respondent's conduct. The respondent opposed the application, claiming that Wsol's application was an abuse of process, that the application was not in the interests of justice, and that the delay was due to Wsol's unrepresented status and lack of diligence.

The court was required to determine whether leave to appeal out of time should be granted, whether subpoenas should be issued to call further witnesses, and whether the delay in delivering the decision was due to the respondent's conduct. The court also needed to decide whether Wsol's unrepresented status and lack of diligence constituted a sufficient reason for the delay.

The court dismissed the application for an extension of time in which to appeal, finding that it was an abuse of process for Wsol to seek leave to appeal out of time and subpoena further witnesses. The court held that the application was not in the interests of justice, as it would be unfair to the respondent to allow the appeal to proceed with additional evidence. The court also found that the delay in delivering the decision was due to Wsol's unrepresented status and lack of diligence, not the respondent's conduct. The court concluded that the delay did not constitute a sufficient reason to grant leave to appeal out of time.

No order as to costs was made.

Orders

Orders of the court

1. The application for an extension of time in which to appeal is dismissed.

2. There be no order as to costs.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.