Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Vijayakumar v Qantas Airways Ltd [2009] FCA 1121
PRACTICE & PROCEDURE – application for leave to appeal an interlocutory judgment of the Federal Magistrates Court – whether the decision is attended by sufficient doubt to warrant it being reconsidered – whether substantial injustice would result if leave were refused, supposing the decision is wrong – no useful purpose would be served by a grant of leave nor will the applicant suffer substantial injustice if leave is denied. HELD: the application for leave to appeal be refused. Federal Magistrates Court Act 1999 (Cth) s 17A Human Rights and Equal Opportunity Commission Act 1986 (Cth) ss 46PH(1)(a) – (c), 46PO(3) Disability Discrimination Act 1992 (Cth)ss 4, 5, 6, 7, 11, 12, 23, 24, 31, 32 Racial Discrimination Act 1975 (Cth) ss 9, 13 Disability Standards for Accessible Public Transport Guidelines 2002 (Cth) Federal Magistrates Court Rules 2001 r 7.01, 13.10(a) Brannigan v Commonwealth of Australia (2000) 110 FCR 566 considered Décor Corp Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 referred to Mastronardi v State of New South Wales [2007] NSWCA 54 referred to NAIS v Minister for Immigration & Multicultural & Indigenous Affairs (2005) 228 CLR 470 referred to Ogawa v University of Melbourne (No 2) [2004] FCA 1275 referred to Queensland v Forest (2008) 168 FCR 532 considered
TONY MAHESPARAM VIJAYAKUMAR v QANTAS AIRWAYS LIMITED
NSD 940 of 2009
EDMONDS J
2 OCTOBER 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
general division NSD 940 of 2009
BETWEEN: TONY MAHESPARAM VIJAYAKUMAR
Applicant
AND: QANTAS AIRWAYS LIMITED
Respondent
JUDGE: EDMONDS J
DATE OF ORDER: 2 OCTOBER 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application be refused. 2. The applicant pay the respondent's costs, as taxed or agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website.
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