Pathmanathan v Healthscope Operations Pty Ltd [2020] FCA 65

FEDERAL COURT OF AUSTRALIA

Pathmanathan v Healthscope Operations Pty Ltd [2020] FCA 65 File number: VID 133 of 2018

Judge: STEWARD J

Date of judgment: 6 February 2020

Catchwords: PRACTICE AND PROCEDURE – application for summary judgment – application for summary dismissal – where applicant accredited at a hospital owned and operated by the respondent – where hospital terminated the applicant's accreditation – unlawful discrimination – where applicant alleged discrimination on the basis of race, sex, age and imputed disability – where complaint to the Australian Human Rights Commission terminated on the basis that there was "no reasonable prospect of the matter being settled by conciliation" – where applicant alleged breach of contract – whether a contract existed between the applicant and respondent – whether the respondent breached the terms of alleged contract – whether the respondent failed to afford procedural fairness – where applicant alleged breach of confidence – where applicant alleged breach of the Privacy Act 1988 (Cth.) – where applicant alleged invasion of privacy – where applicant alleged respondent is liable for defamation – where applicant alleged respondent is liable for negligence – whether the respondent has no reasonable prospect of successfully defending the proceeding – whether the applicant has no reasonable prospect of successfully prosecuting the proceeding

Legislation: Age Discrimination Act 2004 (Cth.) Australian Human Rights Commission Act 1986 (Cth.) ss. 11, 46PO Disability Discrimination Act 1992 (Cth.) Federal Court of Australia Act 1976 (Cth.) s. 31A Privacy Act 1988 (Cth.) Racial Discrimination Act 1975 (Cth.) Sex Discrimination Act 1984 (Cth.) Federal Court Rules 2011 (Cth.) rr. 16.21, 26.01 Limitation Act 2005 (W.A.) Limitation of Actions Act 1958 (Vic.)