Penhall-Jones v State of New South Wales (Ministry of Transport) [2006] FCA 934

FEDERAL COURT OF AUSTRALIA

Penhall-Jones v State of New South Wales (Ministry of Transport) [2006] FCA 934 PRACTICE AND PROCEDURE – principles relevant to summary dismissal - appeal from summary dismissal of unlawful discrimination claim by Federal Magistrate – requirement that Federal Magistrate must give sufficient reasons for summary dismissal – requirement that Federal Magistrate evaluate whether applicant's claim discloses a reasonable cause of action rather than whether an applicant's claim lacks merit – appeal allowed. Human Rights and Equal Opportunity Commission Act 1986 (Cth) s 46 PO(1) Disability Discrimination Act 1992 ss 5, 6 and 35 Federal Magistrates Court Rules r 13.10(a)

Rana v University of South Australia (2004) 136 FCR 344 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Housing Commission of New South Wales v Tatmar Pastoral Co Pty Ltd [1983] 3 NSWLR 378 SZDCJ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1500 Citrus Queensland Pty Ltd v Sunstate Orchards Pty Ltd [2006] FCA 661 MARGARET LEILA PENHALL-JONES v STATE OF NEW SOUTH WALES (MINISTRY OF TRANSPORT) NSD 587 OF 2006 TAMBERLIN J SYDNEY 28 JULY 2006 IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 587 OF 2006

BETWEEN: MARGARET LEILA PENHALL-JONES

APPLICANT

AND: STATE OF NEW SOUTH WALES (MINISTRY OF TRANSPORT)

RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 28 JULY 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1 The appeal is allowed. 2 The decision of his Honour is set aside and the proceeding is to be remitted for determination in accordance with law. 3 The respondent is to pay the costs of the applicant. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA