Horman v Distribution Group Ltd [2002] FCA 219

FEDERAL COURT OF AUSTRALIA

Horman v Distribution Group Ltd [2002] FCA 219 MAEVIDA HORMAN v DISTRIBUTION GROUP LTD t/as REPCO AUTO PARTS N 1580 OF 2001 EMMETT J 22 FEBRUARY 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1580 OF 2001

BETWEEN: MAEVIDA HORMAN

APPLICANT

AND: DISTRIBUTION GROUP LIMITED t/as REPCO AUTO PARTS

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 22 FEBRUARY 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. the application be dismissed; and 2. the applicant pay the respondent's costs for the application. 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 N 1580 OF 2001

BETWEEN: MAEVIDA HORMAN

APPLICANT

AND: DISTRIBUTION GROUP LIMITED t/as REPCO AUTO PARTS

RESPONDENT

JUDGE: EMMETT J

DATE: 22 FEBRUARY 2002

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 I have before me an application pursuant to Order 52 rule 15(2) of the Federal Court Rules for the Court to give leave to Maevida Horman ("the applicant") to file and serve a notice of appeal from orders made by Raphael FM on 27 July 2001 and 3 September 2001. The proceeding before Raphael FM was a claim under the Sex Discrimination Act 1984 (Cth) by the applicant against the respondent, who was at the relevant time her employer. 2 By his orders of 27 July 2001 Raphael FM: (1) upheld in part a claim under s 21(a) of the Sex Discrimination Act; (2) upheld in part a claim under s 14(2)(d) of the Sex Discrimination Act; (3) dismissed a claim under s 7(1)(b) and (c) of the Sex Discrimination Act; (4) dismissed a claim in respect of unlawful termination in breach of ss 7 and 14 of the Sex Discrimination Act; (5) upheld in part a claim under s 18(c) of the Racial Discrimination Act 1975 (Cth); (6) ordered the respondent to pay the applicant the sum of $12,500 by way of damages.