King v Virgin Australia Airlines Pty Ltd [2014] FCA 36

FEDERAL COURT OF AUSTRALIA

King v Virgin Australia Airlines Pty Ltd [2014] FCA 36 Citation: King v Virgin Australia Airlines Pty Ltd [2014] FCA 36

Parties: SHEILA KING v VIRGIN AUSTRALIA AIRLINES PTY LTD (ACN 090 670 965)

File number: NSD 1480 of 2011 NSD 2215 of 2011

Judge: FOSTER J

Date of judgment: 5 February 2014

Catchwords: PRACTICE AND PROCEDURE – whether an applicant who alleges direct and indirect unlawful discrimination on account of her physical disability or the need for her to use disability aids on the part of a low-fare airline in Australia should have the benefit of an order pursuant to r 40.51 of the Federal Court Rules 2011 specifying the maximum amount of costs as between party and party that may be recovered for the proceeding in circumstances where she had obtained costs-capping orders both at trial and on appeal in litigation against the other major low-fare airline in Australia – discussion of relevant principles and factors

Legislation: Australian Human Rights Commission Act 1986 (Cth), Div 2 of Pt IIB Civil Aviation Act 1988 (Cth) Civil Aviation Regulations 1988 (Cth), reg 2A, Sch 1 Civil Aviation Order 20.16.3 Disability Discrimination Act 1992 (Cth), ss 3, 4, 5, 6, 8, 9, 11, 24, 29A and 47 Disability Discrimination and Other Human Rights Legislation Amendment Act 2009 (Cth) Disability Discrimination Regulations 1996 (Cth), reg 2A, Sch 1 Federal Court Rules 1979, O 62A Federal Court Rules 2011, r 40.51 Disability Standards for Accessible Public Transport 2002