Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Grigor-Scott v Jones [2008] FCAFC 14 ANTI DISCRIMINATION LAW – racial discrimination – complaint lodged with Human rights and Equal Opportunity Commission – complaint terminated – application to Federal Court – where action lies only against the respondent to the terminated complaint - whether appellant was respondent to complaint in the Commission - whether respondent requires extension of time – whether proceeding competent. Human Rights and Equal Opportunity Commission Act 1986 (Cth) s3 Racial Discrimination Act 1975 (Cth) ss 18C, 18D, 46 Cockerill v Westpac Banking Corporation (1991) 32 FCR 36 cited Executive Council of Australian Jewry v Scully (1988)79 FCR 537 cited Jones v Toben [2002] FCA 1150 cited Ketteman v Hansel Properties Ltd [1987] 1 AC 189 cited State of Western Australia v Wardley Australia (1991) 30 FCR 245 cited
ANTHONY GRIGOR-SCOTT v JEREMY JONES NSD261 OF 2007
EMMETT, LANDER & TRACEY JJ
28 February 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD261 OF 2007
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: ANTHONY GRIGOR-SCOTT
Appellant
AND: JEREMY JONES
Respondent
JUDGES: EMMETT, LANDER & TRACEY JJ DATE OF ORDER: 28 February 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be allowed. 2. The orders made on 21 July 2005 and 2 February 2007 be set aside. 3. In lieu of those orders, it be ordered that the proceeding be dismissed as incompetent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD261 OF 2007
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: ANTHONY GRIGOR-SCOTT
Appellant
AND: JEREMY JONES
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