Lunniss v Comiskey Management Services Pty Ltd trading as Sandstone Point Hotel & Function Centre [2023] FCA 1556

Federal Court of Australia

Lunniss v Comiskey Management Services Pty Ltd trading as Sandstone Point Hotel & Function Centre [2023] FCA 1556 File number: QUD 435 of 2022

Judgment of: LOGAN J

Date of judgment: 3 November 2023

Catchwords: PRACTICE AND PROCEDURE – interim decision – where the applicant seeks leave to file an amended statement of claim and related joinder – where the respondent files an application for summary judgment under s 31A of the Federal Court of Australia Act 1976 (Cth) – where the substantive application relates to alleged disability discrimination – where the applicant was refused entry to a premise, operated by the respondent, for not wearing a mask during a time when COVID-19 health directives were said to be in place – where the joining of one or more respondents to the present proceedings would elongate proceedings is not in the interests of justice – the filing of the amended statement of claim for the purpose of joinder refused – where the hearing of the summary judgment application would take the same length in time as a trial – where it would be a misuse of court time to hear a summary judgment application – summary judgment application dismissed - where the applicant has annexed to his own affidavit other affidavits of various deponents against the rules – where there is no objection from the respondent, the Court, by order, deems the annexed affidavits to be separately filed – as far as any defects of titling in those affidavits are concerned, the need for formal corrections is dispensed with – order that the case be tried

Legislation: Federal Court of Australia Act 1976 (Cth) s 31A

Division: General Division

Registry: Queensland