Killeen v Combined Communications Network Pty Ltd [2011] FCA 27

FEDERAL COURT OF AUSTRALIA

Killeen v Combined Communications Network Pty Ltd [2011] FCA 27 Citation: Killeen v Combined Communications Network Pty Ltd [2011] FCA 27

Parties: GREGORY KILLEEN v COMBINED COMMUNICATIONS NETWORK PTY LTD (ACN 080 990 978), AUSTAXI GROUP PTY LTD (ACN 116 209 057) and DIRECTOR-GENERAL OF THE DEPARTMENT OF TRANSPORT AND INFRASTRUCTURE

File number: NSD 496 of 2010

Judge: EDMONDS J

Date of judgment: 31 January 2011

Catchwords: DISABILITY DISCRIMINATION – jurisdiction conferred by s 46PO of Australian Human Rights Commission Act 1986 (Cth) in consequence of termination of complaint alleging unlawful discrimination pursuant to s 46PH(1)(i) – claims for relief against alleged direct and indirect contravention of ss 9.1 and 9.3 of the Disability Standards for Accessible Public Transport 2002 (Cth) – by consent separate question ordered to be determined prior to trial as to proper construction of ss 1.11, 9.1 and 9.3 of the Disability Standards – whether appropriate to answer question where only limited facts agreed or found but where determination of answer may lead to bringing proceeding to a swift conclusion. Held: Question to be determined; and answered 'no'.

Legislation: Australian Human Rights Commission Act 1986 (Cth) ss 46PH(1)(i), 46PH(2), 46PO Disability Discrimination Act 1992 (Cth) Acts Interpretation Act 1901 (Cth) Federal Court Rules O 29 r 2 Disability Standards for Accessible Public Transport 2002 (Cth) ss 1.11, 9.1, 9.3

Cases cited: Bass v Permanent Trustee Co Ltd (1999) 198 CLR 334 cited CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 cited Commonwealth v Baume (1905) 2 CLR 405 cited Cooper Brookes (Wollongong) Pty Limited v Federal Commissioner for Taxation (1981) 147 CLR 297 cited IW v City of Perth (1997) 191 CLR 1 cited Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 cited White v Designated Manager of IP Australia (No 2) (2008) 171 FCR 15 cited