Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bishnoi v Star Track Express Pty Ltd [2024] FCA 808 File number(s): VID 561 of 2023
Judgment of: NESKOVCIN J
Date of judgment: 24 July 2024
Catchwords: PRACTICE AND PROCEDURE – summary judgment application – strike out application – whether there are reasonable prospects of success – real questions of law and fact that should be decided at trial
Legislation: Federal Court of Australia Act 1976 (Cth) ss 31A(2), 37M Sex Discrimination Act 1984 (Cth) s 4, 5(2), s 5(3) 14(2)(b), 14(2)(d), 16, 106 Federal Court Rules 2011 (Cth) rr 16.21, 26.01(1)
Cases cited: Australian Securities and Investments Commission v BHF Solutions Pty Ltd [2022] FCAFC 108; 293 FCR 330 Australian Securities and Investments Commission v Cassimatis [2013] FCA 641; (2013) 220 FCR 256 Christian Youth Camps Ltd v Cobaw Community Health Services Ltd [2014] VSCA 75 Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting [2022] HCA 1; 275 CLR 165 Damevski v Giudice (2003) FCAFC 252;133 FCR 438 Danthanarayana v Commonwealth of Australia (No 2) [2016] FCAFC 114 Delpachitra v University of Technology Sydney [2022] FCA 22 Hollis v Vabu [2001] HCA 44; 207 CLR 21 KTC v David [2022] FCAFC 60 Murphy v Chapple [2022] FCAFC 165 Prior v South West Aboriginal Land and Sea Council Aboriginal Corporation [2020] FCA 808 Ryan v Commissioner of Police [2022] FCAFC 36; 290 FCR 369 Spencer v Commonwealth [2010] HCA 28; 241 CLR 118 Three Rivers District Council v Bank of England [No 3] [2003] 2 AC 1 Von Schoeler v Allen Taylor and Company Ltd and Others (No 2) [2020] FCAFC 13; 273 FCR 189 Workpac v Rossato [2021] HCA 23; 271 CLR 456
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