The Public Interest Advocacy Centre says landmark decision means disability discrimination case against Virgin Blue takes off
The Public Interest Advocacy Centre says that two people with disabilities have won a victory for public interest litigants in Australia, the two claiming that Virgin Blue’s requirement that they travel with a carer at their own expense is discriminatory.
In a landmark decision for discrimination law, the Federal Court has capped the costs the two applicants would have to pay if they lost their claims, Justice Annabelle Bennett AO limiting the costs to $15,000 and $35,000 respectively.
The applicants’ solicitor, the Public Interest Advocacy Centre, says that if the Federal Court had not made these orders, the applicants would probably have been liable for the respondent’s full legal costs if they lost their discrimination claims.
The respondent, Virgin Blue, has estimated its legal costs to be well in excess of $53,000.
In making her decision, Justice Bennett weighed the ‘entitlement’ of Virgin Blue to recover its costs if it was successful with a number of factors including: that the applicants do not stand to gain any personal financial benefit; that the matter is one that is in the public interest; and, that the applicants would be inhibited from proceeding with their claims if the Court did not make the order.
PIAC’s Senior Solicitor, Jessica Cruise said, ‘Our clients have brought their discrimination claims for the benefit of every other person with a disability whom Virgin Blue requires to travel with a carer.
PIAC says that they are delighted that the Federal Court has recognised their clients’ unique position as public interest litigants.
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