Delpachitra v University of Technology Sydney [2022] FCA 22

Federal Court of Australia

Delpachitra v University of Technology Sydney [2022] FCA 22 File number: SAD 124 of 2020

Judgment of: BESANKO J

Date of judgment: 25 January 2022

Catchwords: PRACTICE AND PROCEDURE — Interlocutory application by respondent under r 16.21 of Federal Court Rules 2011 (Cth) (Rules) for order that further amended Statement of claim (FASOC) be struck out — where applicant brings claims under Racial Discrimination Act 1975 (Cth) (RD Act) and Age Discrimination Act 2004 (Cth) (AD Act) concerning circumstances surrounding non-renewal of employment with respondent in position based at Shanghai University, Shanghai, China — where applicant seeks compensation including for loss of base salary under alleged employment contract with Shanghai University — where applicant has had three opportunities to address appropriate pleading of his case — consideration of matters in r 16.21(1) of Rules — where not clear from relevant paragraphs in FASOC what applicant's case is with respect to relationship between respondent and Shanghai University — where critical paragraphs in FASOC alleging breaches of RD Act and AD Act ambiguous in that not clear how pleadings of matters of law relate to accompanying paragraphs which applicant submits particularise allegations of breach — order that FASOC be struck out PRACTICE AND PROCEDURE — application for leave to amend FASOC in terms of two schedules of proposed amendments provided to Court by applicant — where FASOC liable to be struck out — proposed amendments refused

Legislation: Age Discrimination Act 2004 (Cth) ss 14, 16, 18 Australian Human Rights Commission Act 1986 (Cth) ss 46PR, 49PH Racial Discrimination Act 1975 (Cth) ss 9, 15 Federal Court Rules 2011 (Cth) rr 16.02, 16.21, 16.51, 16.53