Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Venerable Dr Peter Carlsson v Right Reverend John Ford [2019] FCA 912 File number: SAD 104 of 2019
Judge: BESANKO J
Date of judgment: 14 June 2019
Catchwords: HUMAN RIGHTS — application for an interim injunction under s 46PO of the Australian Human Rights Commission Act 1986 (Cth) — where the applicant alleges unlawful discrimination, defamation and malicious prosecution — where the Court cannot under s 46PO(8) of the Australian Human Rights Commission Act require a person to give an undertaking as to damages as a condition of granting an interim injunction — whether the applicant has a prima facie case — consideration of the balance of convenience
Legislation: Australian Human Rights Commission Act 1986 (Cth) ss 46PH, 46PO, 46PP Disability Discrimination Act 1992 (Cth) ss 5, 6
Cases cited: Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR 57 Samsung Electronics Company Ltd v Apple Inc [2011] FCAFC 156; (2011) 217 FCR 238 Venerable Dr Peter Carlsson v Right Reverend John Ford [2019] FCA 584
Date of hearing: 5 June 2019
Registry: South Australia
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 37
Counsel for the Applicant: Mr J Wells QC
Solicitor for the Applicant: Sykes Bidstrup
Counsel for the Respondents: Mr R Harms
Solicitor for the Respondents: MinterEllison
ORDERS SAD 104 of 2019
BETWEEN: THE VENERABLE DR PETER CARLSSON Applicant
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