Haraksin v Murrays Australia Ltd [2010] FCA 1133

FEDERAL COURT OF AUSTRALIA

Haraksin v Murrays Australia Ltd [2010] FCA 1133 Citation: Haraksin v Murrays Australia Ltd [2010] FCA 1133

Parties: JULIA HARAKSIN v MURRAYS AUSTRALIA LTD (ACN 008 468 666)

File number: NSD 907 of 2010

Judge: NICHOLAS J

Date of judgment: 20 October 2010

Catchwords: PRACTICE AND PROCEDURE – Application for an order under O 62A r 1 – applicant suffers from physical disability – alleges direct and indirect discrimination and contraventions of the Disability Standards for Accessible Public Transport 2002 (Cth) by respondent based upon its alleged failure to provide wheelchair accessible coaches – factors relevant to exercise of Court's discretion – public interest element – estimate of likely costs – applicant not seeking compensation – applicant has substantial assets – proceeding unlikely to be legally or factually complex – applicant will not proceed with case if no order made –appropriate in this case to make order under O 62A r 1 in the amount of $25,000

Legislation: Federal Court Rules O 62A r 1 Australian Human Rights Commission Act 1986 (Cth) s 46PO Disability Discrimination Act 1992 (Cth) ss 4(1), 11, 23, 24, 29A, 32 Disability Standards for Accessible Public Transport 2002 (Cth) ss 33.1, 33.2, 33.7

Cases cited: Blue Mountains Conservation Society Inc v Delta Electricity (2009) 170 LGERA 1 cited Caroona Coal Action Group Inc v Coal Miners Australia Pty Ltd (2009) 170 LGERA 22 cited Corcoran v Virgin Blue Airlines Pty Ltd [2008] FCA 864 cited Delta Electricity v Blue Mountains Conservation Society Inc [2010] NSWCA 263 cited Hanisch v Strive Pty Ltd (1997) 74 FCR 384 cited Sacks v Permanent Trustee Australia Limited (1993) 45 FCR 509 cited Woodlands v Permanent Trustee Company Limited (1995) 58 FCR 139 cited