Gardiner v Toohey [2007] FCA 1293

FEDERAL COURT OF AUSTRALIA

Gardiner v Toohey [2007] FCA 1293 CHRISTOPHER GERARD GARDINER v KAREN TOOHEY AND HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION TAD 22 OF 2007

MARSHALL J

21 AUGUST 2007

HOBART IN THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY TAD 22 OF 2007

BETWEEN: CHRISTOPHER GERARD GARDINER

Applicant

AND: KAREN TOOHEY

First Respondent

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION

Second Respondent

JUDGE: MARSHALL J DATE OF ORDER: 21 AUGUST 2007

WHERE MADE: HOBART

THE COURT ORDERS THAT:

1. The application for leave to appeal is dismissed. 2. The applicant pay the respondents' costs of 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

TASMANIA DISTRICT REGISTRY TAD 22 OF 2007

BETWEEN: CHRISTOPHER GERARD GARDINER

Applicant

AND: KAREN TOOHEY

First Respondent

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION

Second Respondent

JUDGE: MARSHALL J

DATE: 21 AUGUST 2007

PLACE: HOBART

REASONS FOR JUDGMENT 1 This proceeding was heard at the same time as proceeding TAD 20/2007 in which judgment has just been delivered. 2 It seeks leave to appeal from the judgment of Heerey J dismissing summarily a claim made against the respondents under the Administrative Decisions (Judicial Review) Act 1977 (Cth). 3 There is no separate basis upon which this application for leave to appeal can be granted apart from those matters relied on in proceeding TAD 20/2007. For that reason, this application must also be dismissed with costs. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Marshall.

Associate: Dated: 21 August 2007 The applicant appeared for himself.