FEDERAL COURT OF AUSTRALIA Lincoln v Holmesglen Institute of TAFE [1999] FCA 603 DISCRIMINATION LAW – application for enforcement of an interim determination of the President of the Human Rights and Equal Opportunity Commission. STANLEY PMHV FITZROY-MENDES AMARASURIYA ASIA ABRAHAM LINCOLN III v HOLMESGLEN INSTITUTE OF TAFE V 52 of 1999 GOLDBERG J 5 MAY 1999 MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY V52 of 1999 BETWEEN: STANLEY PMHV FITZROY-MENDES AMARASURIYA ASIA ABRAHAM LINCOLN III Applicant AND: HOLMESGLEN INSTITUTE OF TAFE Respondent JUDGE: GOLDBERG J DATE OF ORDER: 5 MAY 1999 WHERE MADE: MELBOURNE UPON the respondent by its counsel undertaking to the Court that it will comply with the interim order of President Alice Tay of the Human Rights and Equal Opportunity Commission ("the Commission") on 9 December 1998 that pending the resolution of the complaint before the Commission, it is to refrain from recording a fail mark against those subjects for which the applicant was enrolled in the second semester of 1998, until the removal of that interim determination or the resolution of the complaint by the applicant before the Commission or until further order of this Court. THE COURT ORDERS THAT: 1. The application filed 9 February 1999 is dismissed. 2. There be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY V52 of 1999 BETWEEN: STANLEY PMHV FITZROY-MENDES AMARASURIYA ASIA ABRAHAM LINCOLN III Applicant AND: HOLMESGLEN INSTITUTE OF TAFE Respondent JUDGE: GOLDBERG J DATE: 5 MAY 1999 PLACE: MELBOURNE EX TEMPORE REASONS FOR JUDGMENT (No 3) 1 I have refused the applicant's application to adjourn the hearing of the proceeding. I have heard further submissions from the parties on the issue before the Court. 2 Mr Niall, counsel for the respondent, has informed the Court that he has instructions on behalf of the respondent that it undertakes to the Court that it will comply with the interim order of President Alice Tay of Human Rights and Equal Opportunity Commission ("the Commission") on 9 December 1998 that pending the resolution of the complaint before the Commission the respondent Holmesglen Institute of TAFE, is to refrain from recording a fail mark against those subjects for which the applicant was enrolled in the second semester of 1998, until the removal of that interim determination or the resolution of the complaint by the applicant before the Commission or until further order of this Court. 3 On that basis for, the reasons referred to in my ruling on the application for an adjournment, the applicant effectively has the result he seeks in this Court. 4 The undertaking on behalf of the respondent having been given to the Court the order of the Court is that the application filed 9 February 1999 is dismissed with no order as to costs. I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Goldberg. Associate: Dated: 5 May 1999 Counsel for the Applicant: Applicant in person Counsel for the Respondent: Mr R M Niall Solicitor for the Respondent: Mallesons Stephen Jaques Date of Hearing: 5 May 1999 Date of Judgment: 5 May 1999