Stephenson, Lydia as Executrix of the Estate of the late Alyschia Dibble v Human Rights & Equal Opportunity Commission & Anor [1996] FCA 636

CATCHWORDS Discrimination Law - Commonwealth provisions - Pursuant to statutes - Sex Discrimination Act 1984 - Complaint - No lapse on death of complainant while matter to which alleged unlawful act relates is pending. Sex Discrimination Act 1984 ss. 3, 5, 22, 55, 59, 65, 79. LYDIA STEPHENSON as Executrix of the Estate of the late ALYSCHIA DIBBLE v. HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION and ST VINCENT'S HOSPITAL LIMITED

No. NG 049 of 1996 Jenkinson, Wilcox and Einfeld JJ. Sydney 26 July, 1996

IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 049 of 1996 GENERAL DIVISION ) On Appeal from a Single Judge of the Federal Court of Australia BETWEEN: LYDIA STEPHENSON as Executrix of the Estate of the late ALYSCHIA DIBBLE Appellant AND: HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION First Respondent AND: ST VINCENT'S HOSPITAL LIMITED Second Respondent CORAM: Jenkinson, Wilcox and Einfeld JJ. PLACE: Sydney DATE: 26 July, 1996

MINUTES OF ORDER THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The orders made on 15 December 1995 in the proceeding in the Court numbered G444 of 1995 be set aside.

THE COURT DECLARES THAT; The complaint made to the Human Rights and Equal Opportunity Commission by the late Alyschia Dibble did not lapse by reason of her death.

THE COURT ORDERS THAT: 3. The appellant's costs of the said proceeding and of the appeal be paid by the said Commission. (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 ) No. NG 049 of 1996 GENERAL DIVISION )

On Appeal from a Single Judge of the Federal Court of Australia BETWEEN: LYDIA STEPHENSON as Executrix of the Estate of the late ALYSCHIA DIBBLE Appellant AND: HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION First Respondent AND: ST VINCENT'S HOSPITAL LIMITED Second Respondent CORAM: Jenkinson, Wilcox and Einfeld JJ. PLACE: Sydney DATE: 26 July, 1996