Kitoko v University of Technology Sydney [2018] FCA 1004

FEDERAL COURT OF AUSTRALIA

Kitoko v University of Technology Sydney [2018] FCA 1004 Appeal from: Application for extension of time: Kitoko v University of Technology Sydney [2018] FCCA 699

File number: NSD 686 of 2018

Judge: RARES J

Date of judgment: 25 June 2018

Legislation: Australian Human Rights Commission Act 1986 (Cth) Disability Discrimination Act 1992 (Cth) Racial Discrimination Act 1975 (Cth) Federal Court Rules 2011 r 36.03

Cases cited: Jackamarra v Krakouer (1998) 195 CLR 516 R v Secretary of State for the Home Department; Ex parte Mehta [1975] 1 WLR 1087 Robinson Helicopter Company Inc v McDermott (2016) 331 ALR 550

Date of hearing: 25 June 2018

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 30

Counsel for the Applicant: The applicant appeared in person

Counsel for the Respondent: Mr AK Flecknoe-Brown

Solicitor for the Respondent: Barry Nilsson Lawyers

ORDERS NSD 686 of 2018

BETWEEN: VANGU KITOKO Applicant

AND: UNIVERSITY OF TECHNOLOGY SYDNEY Respondent

JUDGE: RARES J DATE OF ORDER: 25 JUNE 2018

THE COURT ORDERS THAT:

1. The application for an extension of time be dismissed. 2. The applicant pay the respondent's costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

(REVISED FROM THE TRANSCRIPT) RARES J: 1 Vangu Kitoko seeks an extension of time in which to file a notice of appeal from the decision of the Federal Circuit Court dismissing his claim that he had been the victim of unlawful discrimination by the University of Technology Sydney, the respondent, on the grounds of, first, his race, as a black African, and, secondly, disability by reason of physical and mental injuries that he suffered in an accident at Mirvac's Broadway shopping centre in 2010, during the first year of his PhD study.