De Alwis v Hair [2003] FCA 10

FEDERAL COURT OF AUSTRALIA

De Alwis v Hair [2003] FCA 10 HUMAN RIGHTS – Disability Discrimination Act 1992 (Cth) – interlocutory relief pending determination of complaint by Human Rights and Equal Opportunity Commission – claim for interlocutory relief in Federal Magistrates Court – claim under s 46PP of Human Rights and Equal Opportunity Commission Act 1986 – claim dismissed – appeal to Federal Court – claim for like interlocutory order – concurrent claim under Administrative Decisions (Judicial Review) Act 1977 (Cth) – no relevant statute or administrative decision identified – international cricket match – Australia versus Sri Lanka – umpires – Sri Lankan bowler – previous no ball decisions by umpire for alleged throwing – bowler said to suffer disability affecting mode of bowling – alleged prejudicial statements by umpire in autobiography – applicant Sri Lankan national – cricket spectator – claim for interlocutory order dismissed – notice of appeal and claim for relief under ADJR Act struck out – leave to file properly formulated notice of appeal. Human Rights and Equal Opportunity Commission Act 1986 (Cth) s 46PP Federal Court of Australia Act 1976 (Cth) s 25 Administrative Decisions (Judicial Review) Act 1977 (Cth) VIJITHA DE ALWIS v DARRELL HAIR AND OTHERS W6 OF 2003 FRENCH J 9 JANUARY 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W6 OF 2003

BETWEEN: VIJITHA DE ALWIS

APPLICANT

AND: DARRELL HAIR, AUSTRALIAN CRICKET BOARD, ROSS EMERSON and INTERNATIONAL CRICKET COUNCIL

RESPONDENTS

JUDGE: FRENCH J

DATE OF ORDER: 9 JANUARY 2003

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The motion filed on 8 January 2003 is dismissed. 2. The Notice of Appeal/Urgent Application filed on 8 January 2003 is struck out. 3. There is leave to file a Notice of Appeal properly formulated within seven days.