Elliott v Nanda & Commonwealth [2001] FCA 550

Elliott v Nanda & Commonwealth [2001] FCA 550

The Court has power under s 83A of the Sex Discrimination Act 1984 (Cth) and s 46PO of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) to order both Dr Nanda and the Commonwealth to compensate the applicant jointly and severally for damages where both, by operation of statute, engaged in prohibited discrimination. The immediate cause (Dr Nanda) bears the greater share upon satisfaction by either party, but the Commonwealth remains partially liable. Aggravated damages are awarded only against Dr Nanda. Orders for indemnity costs from 16 June 2000 are justified by the respondent’s refusal of a reasonable offer, with the applicant otherwise entitled to her costs in both...

Jurisdiction
Australia
Judgment Date
18 May 2001
Procedural Posture
Application for Damages Under Anti Discrimination Law / Post Trial, Determination of Compensation and Costs, Final Orders
Outcome
Orders made for consolidated proceedings, joint and several liability for compensation, further aggravated damages awarded to applicant, and allocation of costs as set out in orders.
Legal Topics
['sex Discrimination' 'damages' 'joint and Several Liability' 'contribution Between Respondents' 'costs' 'consolidation of Proceedings']
['employment Law' 'discrimination Law'] ['sex Discrimination' 'damages' 'joint and Several Liability' 'contribution Between Respondents' 'costs' 'consolidation of Proceedings']

Case Brief

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Procedural Posture

Application for Damages Under Anti Discrimination Law / Post Trial, Determination of Compensation and Costs, Final Orders

Legal Issues

  1. 1 ['Whether Sex Discrimination Act 1984 (Cth) and the Human Rights and Equal Opportunity Commission Act 1986 (Cth) authorise joint and several liability for compensation awarded against several respondents' 'How compensation and contribution should be apportioned between respondent and Commonwealth' 'Determination of costs, including basis and periods for indemnity costs' 'Whether proceedings could be consolidated after publication of reasons but before orders']

Ratio Decidendi

The Court has power under s 83A of the Sex Discrimination Act 1984 (Cth) and s 46PO of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) to order both Dr Nanda and the Commonwealth to compensate the applicant jointly and severally for damages where both, by operation of statute, engaged in prohibited discrimination. The immediate cause (Dr Nanda) bears the greater share upon satisfaction by either party, but the Commonwealth remains partially liable. Aggravated damages are awarded only against Dr Nanda. Orders for indemnity costs from 16 June 2000 are justified by the respondent’s refusal of a reasonable offer, with the applicant otherwise entitled to her costs in both...

Court Disposition

Orders made for consolidated proceedings, joint and several liability for compensation, further aggravated damages awarded to applicant, and allocation of costs as set out in orders.

Orders

  • ['Matters N 720 of 1999 and N 478 of 2000 consolidated with Dr Prem Nanda as first respondent and the Commonwealth as second respondent.' 'Dr Prem Nanda and the Commonwealth of Australia to pay applicant $15,100 within 7 days, liability joint and several.' 'If Dr Nanda pays order 2, Commonwealth to pay Dr Nanda...