Pathmanathan v St John of God Healthcare Inc (No 3) [2023] FCA 628

Federal Court of Australia

Pathmanathan v St John of God Healthcare Inc (No 3) [2023] FCA 628 File number(s): VID 781 of 2018

Judgment of: MCELWAINE J

Date of judgment: 13 June 2023

Catchwords: HUMAN RIGHTS – Discrimination – application pursuant to s 46PO of the Australian Human Rights Commission Act 1986 (Cth) – where applicant's accreditation was suspended at the respondent's hospital – where applicant alleges unlawful discrimination by the respondent pursuant to the Age Discrimination Act 2004 (Cth), Disability Discrimination Act 1992 (Cth), Racial Discrimination Act 1975 (Cth) and Sex Discrimination Act 1984 (Cth) – where applicant further claims in negligence, fraud, fraudulent misrepresentation, intimidation, unlawful interference with trade or business relations, tortious conspiracy, breach of trust, breach of confidence, constructive trust, invasion of privacy, defamation, breach of contract, torture and "equity in justice" – application dismissed

Legislation: Age Discrimination Act 2004 (Cth) ss 14, 15, 16, 18, 20, 28 Australian Human Rights Commission Act 1986 (Cth) ss 46PF(1)(b), 46PH(1)(b), 46PO, 46PR Disability Discrimination Act 1992 (Cth) ss 4, 5, 6, 11(2), 15, 17, 23, 24, Evidence Act 1995 (Cth) ss 79, 138 Federal Court of Australia Act 1976 (Cth) ss 37M, 37N Racial Discrimination Act 1975 (Cth) ss 9, 10, 11, 13, 16, 17, 18 Sex Discrimination Act 1984 (Cth) ss 5, 14, 16, 22 Federal Court Rules 2011 (Cth) rr 1.32, 30.01 Health Practitioner Regulation National Law (WA) Act 2010 (WA) s 237 Defamation Act 2005 (WA) s 30 Limitation Act 2005 (WA) s 15 Surveillance Devices Act 1998 (WA) s 5