Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pitt v OneSteel Reinforcing Pty Limited [2008] FCA 923
PRACTICE AND PROCEDURE – summary dismissal – viable cause of action shown on material – whether proper to dismiss on ground that proceeding frivolous or vexatious – proceeding commenced within limitation period – whether abuse of process because of prejudicial delay in making complaint to Human Rights and Equal Opportunity Commission
Human Rights and Equal Opportunity Commission Act 1986 (Cth) ss 46PH(1)(b), 46PH(1)(f), 46PO(1) Sex Discrimination Act 1984 (Cth) s 28A Federal Court Rules O 52 r 5(2) Federal Magistrates Court Rules 2001 r 13.10 Anthony James Pitt v OneSteel Reinforcing & Anor [2003] FMCA 609 cited Newcastle City Council v Batistatos [2005] NSWCA 20 (2005) 43 MVR 381 followed ANTHONY JAMES PITT v ONESTEEL REINFORCING PTY LIMITED
VID 259 of 2008
GRAY J
3 JUNE 2008
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 259 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: ANTHONY JAMES PITT
Applicant
AND: ONESTEEL REINFORCING PTY LIMITED
Respondent
JUDGE: GRAY J
DATE OF ORDER: 3 JUNE 2008
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The title to the proceeding be amended by substituting "OneSteel Reinforcing Pty Limited" for "B.H.P North Altona Melb" as the name of the respondent. 2. The application for leave to appeal be dismissed. 3. The applicant pay the respondent's costs of the proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 259 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: ANTHONY JAMES PITT
Applicant
AND: ONESTEEL REINFORCING PTY LIMITED
Respondent
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