Kitoko v University of Technology Sydney [2021] FCA 360

Federal Court of Australia

Kitoko v University of Technology Sydney [2021] FCA 360 File number(s): NSD 911 of 2020

Judgment of: GRIFFITHS J

Date of judgment: 15 April 2021

Catchwords: PRACTICE AND PROCEDURE – interlocutory applications by applicant for default and summary judgment – interlocutory applications by ten respondents for summary judgment and strike out – whether proceeding is not maintainable because of issue estoppel or Anshun estoppel – where issues finally determined by other courts – whether proceeding is an abuse of process – whether applicant has no reasonable prospects of success – whether applicant's pleading is frivolous or vexatious – summary judgment entered in favour of each respondent – applicant's interlocutory applications dismissed

Legislation: Australian Human Rights Commission Act 1986 (Cth) s 46PO Competition and Consumer Act 2010 (Cth) ss 18, 21, 236-7 of Sch 2 (Australian Consumer Law) Disability Discrimination Act 1992 (Cth) ss 22(2) and 42 Federal Court of Australia Act 1976 (Cth) ss 23, 31A Federal Circuit Court of Australia Act 1999 (Cth) s 18 Racial Discrimination Act 1975 (Cth) ss 9, 11, 17, 18C and 42 Trade Practices Act 1974 (Cth) ss 51A, 52, 82, 87, 88 Federal Court Rules 2011 (Cth) rr 1.32, 5.02, 5.22(a), 5.23(2)(c), 9.41, 11.06, 16.02, 16.11, 26.01, 36.03(a) Anti-Discrimination Act 1977 (NSW)