Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Applicant N v Respondent C [2007] FCA 1182
DISABILITY DISCRIMINATION – child in child care centre – alleged failure to apply Commonwealth funding to benefit child PRACTICE AND PROCEDURE – no case submission – appellant's witnesses' evidence supported respondent's case – whether respondent should have been put to election – whether grounds for making no case submission adequately explained – whether appellant denied natural justice by being prevented from relying on respondent's evidence Held: Magistrate did not err in finding respondent had no case to answer. Protean (Holdings) Ltd v American Home Assurance Co [1985] VR 187, applied Rasomen Pty Ltd v Shell Co of Australia Ltd (1997) 75 FCR 216, followed Compaq Computer Australia Pty Ltd v Merry (1998) 157 ALR 1, followed Australian Competition and Consumer Commission v Amcor Printing Papers Group Ltd (2000) 169 ALR 344, cited Tru Floor Service Pty Ltd v Jenkins (No 2) (2006) 232 ALR 532, cited Union Bank of Australia Ltd v Puddy [1949] VLR 242, cited TNT Management Pty Ltd v Brooks (1979) 23 ALR 345, cited Dey v Victorian Railways Commissioners (1949) 78 CLR 62, distinguished Disability Discrimination Act 1992 (Cth), ss 5, 22, 24 Federal Magistrates Court Rules 2001 (Cth), rule 13.09 Federal Court Rules O 35 r 1 Judiciary Act 1903 (Cth), s 79 APPLICANT N (BY HIS NEXT FRIEND) v RESPONDENT C VID 73 OF 2007
SUNDBERG J
10 AUGUST 2007
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 73 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: APPLICANT N (BY HIS NEXT FRIEND)
Appellant
AND: RESPONDENT C
Respondent
JUDGE: SUNDBERG J
DATE OF ORDER: 10 AUGUST 2007
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant's next friend pay the respondent's costs of and incidental to the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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