MR ELLIS' SUBMISSIONS
12 The submissions filed by Mr Ellis on 28 August 2017 in opposition to the summary judgment application were as follows:
1.
AS PREVIOUSLY STATED IN MY LAST OUTLINE OF SUBMISSION BEFORE DISMISSAL & THIS APPEAL WAS MADE:
This company and their lawyer cannot talk, as part 1 listed underneath this sentence will detail their own double standards and own court order failures in the past, so how can they demand any action from you or this court to dismiss my case, while declaring the case is in their favour, even when intentionally defying ORDERS of [the primary judge], when my issue of NO AUDIO LINK was not my fault.
THIS IS WHAT I STATED ON THAT PREVIOUS SUBMISSION OF PART 1:
1.
TO RUN LATE BY 3 DAYS TO SEND ME THE COURT ORDERED AFFIDAVIT BY 28 MARCH 2017, THEN TO ARRIVE 30 MARCH 2017, IS UNACCEPTABLE AND A DELAY JUST TO CAUSE ME DISTRESS.
2.
THE AFFIDAVIT of the lawyers are intentionally hundreds of pages long and I could not possibly in 100 hundred years have the time to read, absorb, understand and answer such legal drivel in any form, especially when [the respondent] has still failed to install disabled access or even have disabled access to this very day, refuse an out of court settlement, instead paying massive legal fees to hurt a disabled person into such a state that easy mistakes or court issues could be overlooked, as they are SCAPEGOATING me, as I am not a LEGAL PRACTITIONER and have very limited or no ability to know all court legal facts and actions as easily as a LAWYER or JUDGE.
3.
All of the points raised in the RESPONDENTS OUTLINE OF SUBMISSIONS are absolute bull dangle, as my points will explain to them once again.
4.
All of the points raised in the INTERLCOURTORY [sic] ORDERS SOUGHT are all rejected by me as more bull dangle and chest beating by a sore loser lawyer, who knows full well that they have no merit to ask such a thing as they are leaching on me from a Dismissal that should never of happened and attacking my entire disabled health, as there would not have been able to state all of this legal drivel if this case was still ongoing and was not DISMISSED, AS DISMIISAL [sic] WAS BY DEFAULT ONLY.
1
I do not agree with a dismissal of this APPEAL, as it was not dismissed originally, only as a date was somehow missed beyond my control or even my knowledge, as I was sitting here awaiting an AUDIO LINK, so this dismissal is not sound.
2
I reject any and all cost orders either way, as I have no real assets or money and they know this to be the case and this is their fault that they hired a rip off law firm who rung up massive and unethical legal bills and as he is insured, I cannot see why I have to pay out a bill on his PUBLIC LIABILITY INSURANCE CLAIM.
3
I would ask this Honour to see that great harm will come to me if this case goes in favour of the lawyers, as they are just as guilty of this case going on and on until an alleged and easy mistake by a non-lawyer could easily occur and the stress on me has come at great cost, so they cannot expect to keep a legal case going when they refuse to place a ramp at the business, a negligibly cost to them off hundreds and they have no right to ask that I pay the massive costs of their petty HUMAN RIGHTS ABUSE INSANITY.
4
My claim is still sound and they are trying to win favour only by the fact that I missed an AUDIO LINK that were always allowed and made to me previously in this and countless other court cases, as I simply had not been told by [the primary judge] that I have to put in new requests for AUDIO LINKS, at times when I have no idea I have to put in separate requests, as I am never reminded or told I must do so.
5
I am not a legal practitioner, so I would not and could not possibly know of such actions and that also can lead to the forming of an opinion that a bias and prejudice has been placed on only me in that case.
5.
If they are defaming and slandering me and trying to use the RACE CARD, even though they are true racists in the true sense of the word, as foreigners invading my country and telling me that they will not assist the people in my country who are disabled and less fortunate, so who is the true racist?
6.
Double standards, outraged and offended arguments by a lawyer is simply irrelevant and PC swill and as [the primary judge] had stated to one of the other offended Asian lawyers in an unrelated case in the same objections raised and mentioned CONDUCT UNBECOMING OF A LEGAL PRACTITIONER and not to mention such things in his court and they must take their own actions if they wish and not use my case to try to manipulate the court to grant them unethical legal favours.
7.
1
I do identify and assert an arguable error of law in the reasons of the judgement appealed, as this is more of a COURT ERROR of not advising me of court dates and an AUDIO LINKS issue.
2
Yes there is an arguable error of law, as I am not a lawyer and was not told a thing about what the next steps in this court case and court dates are happening next.
3
The APPEAL does have a chance of success and as much as they try and slander me it is actually they who are the only ones being frivolous, vexatious and wantonly scandalous is them[.]
4
The Appeal should not be dismissed as they just want to be victors and hide the truth of the issue at hand, as their client still has no disability accesses and that means that they are continuing on with the abuse and I cannot attend that business, so they are SCAPEGOATING and using this as a means to VICTIMIZE me too.
PREVIOUS OUTLINE OF SUBMISSION THAT BACKS MY ENTIRE CASE ON ITS STRONG MERITS:
2.
I tried to negotiate a POLITE SETTLEMENT with the V BURGER BAR Directors last year and instead I received lies and self-interest from him and the lawyers of how broke and mentally ill this will make their client. Well welcome to the day to day lives of all of the disabled, the ignorant and evil little slimes of lawyers and business owners that these people truly are and represent!
They also rejected their own idea of a further MEDIATION CONFERENCE, with the promise of trying to come up with some sort of a resolution. Another lie and game to play me ................... like a ........... I mean, like they are the fools.
3.
The owner of V BURGER BAR is more worried about himself being put under stress and making lame excuses for why his premises are in a non-disability accessible venue, while on the other side of the carpark, at the very same leased premises, there are large ramps for access, so all the excuses and bullshit in the AFFIDAVIT about why his shop is far from accessible, simply does not wash with many with an ounce of intellect or moral codes, as I am far too intelligent and this insults my intelligence frankly and is more of the same DISABILITY HATRED, disguised as " I AM A GOOD BUSINESS PERSON, HONESTLY I AM".
I can see very clearly that the director is nothing but another PSYCHOTIC DISABLED HATER, and HUMAN RIGHTS ABUSIVE CRIMINAL, who does have PUBLIC LIABLITY [sic] INSURANCE behind him, so this also proves intent to cause me further untold physical and emotional stress and torture beyond the incident.
4.
Trying to make out that I could get up this step or be served by his business in some other sort of way that I am absolutely not aware of, or why should I have to do more work by phoning or thinking on my toes as a disabled person, that I am responsible for my own service at all times as a DISABLED PERSON, is sheer ARROGANCE AND IGNORANCE and this LAWYER is COMMITIING [sic] CONDUCT UNBECOMING OF A LEGAL PRACTITIONER to use further LIES, DISABLED HATRED AND DISABILITY DISCRIMINATION.
I will be fighting for the DISBARRING of this LAWYER and many of the other SLIMY LAWYERS I HAVE ENCOUNTERED continually, since taking DISABILITY DISCRIMINATION COMPLAINTS out in the PERTH FEDERAL COURT.
5.
V BURGER BAR and the LAWYER are just trying to buy themselves a get out of the blame card.
The LAWYER and V BURGER BAR DIRECTORS have decided to become a bunch of PETTY CHILDREN and to make this case go on in an attempt to make me suffer and give up the claim.
6.
Not prepared to pay me one red cent or to put in disability access and then they spend a fortune on an unscrupulous lawyer, with the sort of advice that is stealing their money, not helping them and further torturing me, a DISABLED PERSON, when this is an easy to understand case of someone has to pay and it is not going to be me.
NOT ONE RED CENT FOR A RAMP OR SAFE FOOTPATHS THROUGHOUT THE ENTIRE SITE, HOWEVER PLENTY OF MONEY IN TORTURING ME THROUGH A RELENTLESS COURT CASE THAT WAS SO EASY FOR THEM TO JUST PAY UP THROUGH PUBLIC LIABILTY [sic] INSURANCE, RESOLVE DISABLED ACCESS ISSUES AND APOLOGISE.
7.
How much more torture do they wish to put me through for their egos, power and sleazy legal budget?
RESOLVE, RESOLVE, RESOLVE!
V BURGER BAR CAUSED THE DISABILTY [sic] DISCRIMINATION, SO THEY CAN RESOLVE IT, NOT ME!
8.
Disability access is UNIVERSAL for all people to use and enjoy for easy access, as well as health and safety, for the elderly, exhausted, able bodied injured, delivery staff and the unwell.
9.
V BURGER BAR have me fighting in front of the Courts on something real that they are failing on toward me and the DISABLED COMMUNITY and they want to kick and scream and tell me I am the criminal for being a DISABLED PERSON. V BURGER BAR IS THE BOY WHO CRIED WOLF! NO DISABLED RAMP!
10.
There is simply no compassion or consideration for the lives and feelings of DISABLED PERSONS, WHO ARE SYSTEMICALLY ABUSED ACROSS AUSTRALIA.
The treatment of DISABLED AUSTRALIANS is no different than the systemic abuse and treatment of ABORIGINAL AUSTRALIANS.
12.
V BURGER BAR and their LAWYERS do not understand what it means to the disabled to constantly have businesses and the government refuse to allow us access and employment. "IT IS HARD TO MAKE SOMEONE UNDERSTAND A THING WHEN THEIR SALARY DEPENDS ON THEM NOT UNDERSTAND THAT THING"!
13.
They can only understand DISABILITY DISCRIMINATION if they lived with illness, systemic inaccessibly, poverty, unemployment, humiliation, shunning, abuse, violence and overlooked for almost every single opportunity, only then will they all know what suffering truly is[.]
14.
There is simply no legal right when any able bodied person or entity harms us to think they have the right to use the Courts to crush us some more.
15.
V BURGER BAR committed an offence by default or even intentionally does not care about the implications, public liability or duty of care toward the disabled public.
16.
Grounds are disclosed in support of my Orders sought. I will make it simple for the lawyers and V BURGER BAR people. THERE IS NO ACCESS AT THE VENUE. THE WORD IS DISCRIMINATION, INACCESSIBLE AND GROUNDS-LOOK IT UP IF THE MEANING ESCAPES YOU! NO DISABLED ACCESS!
17.
A Judge can order many things, including an apology to a victim, compensation from the respondent, whether that be through the companies own liability budgets, self-insurance or public liability insurance company.
A judgement can easily be made to a company to smarten their act up, as we have seen many times in the media and courts over the years, so this is a disgraceful piece of embellishment, deceit, pretence, dishonesty and propaganda that the Court should never fall for.
18.
This entire court case is more of their evil deceit, as they know full well that this complaint was seen, heard, investigated and terminated by HREOC, due to their procedure, when no resolution or mediation can be reached.
19.
There is a distinct abuse and character assassination going on here toward myself as a disabled person, no different to ABORIGNAL [sic] AUSTRALIAN abuse and discrimination.
20.
I am far from vexatious as I have dropped many claims of discrimination against corporates and have never taken it to the Courts, when new facts emerged that showed that there were facts and factors involved that made the need for court action necessary and that the matter was resolvable easily and with no real costs or losses to any person.
21.
Even though V BURGER BAR have a duty of care to all people when things injure them in their premises, whether the fault of the business or the consumer, I would have missed out, due to disability.
The conclusion I am stating here, is the fact that the able bodied can go about existing and hope that the duty of care and public liability will protect them and usually will, however us disabled persons are pushed aside twice, due to no entry + no access = no compensation, due to entry at risk + injury = no compensation!
22.
It seems very evil that the LAWYERS and V BURGER BAR have the nerve or the Court allowance to ask one single thing of me especially when the facts are there, no disabled access + disability, means DISABILITY DISCRIMINATION, POINT BLANK!
23.
The past UK PERSON OF THE YEAR, KATHARINE QUARMBY, authored a book called SCAPEGOAT - WHY WE ARE FAILING THE DISABLED, which talks very clearly about DISABILITY HATRED that has been around for thousands of years and appears now that there are laws to protect the disabled, however the systemic hatred of the disabled still exists and appears to be getting worse.
24.
People use the Courts and lawyers to destroy us when we demand compensation, to serve as a punishment and to send out a wake-up call to corporates, government and community that we are here to be recognised and given the compassion that we deserve in a society that declares to have justice, liberty and compassion for those less fortunate.
25.
Disabled Australians have already been pushed to the bottom of society with unemployment, poverty, homeless and a lack of opportunities and a life without the good life. Systemic discrimination, violence, abuse, humiliation, and hate crimes are rampant against the disabled in Australia. We are already distressed enough and excluded from most of life's joys, so V BURGER BAR has no excuse for allowing discrimination and then bullying me with a lawyer and defaming my good nature.
26.
All other entities that I have lodged formal disability discrimination complaints to HREOC and the FEDERAL COURT over, have either gone through mediation or out of court settlements, so what makes V BURGER BAR any more special or legally immune from disability discrimination, over other corporate or government entities? NOTHING AT ALL, EXCEPT FOR CRIMINAL INTENT TO HARM ME EMOTIONALLY AND PHYSICALLY!
27.
The damages relate to my emotional harm and suffering, by being put through all this extreme stress and torture of a court case, as a discriminated disabled person, at the hands of a business and an immoral, unprincipled and greedy law firm, who could have declined to act on this case, as they are allowed to choose.
28.
A strong duty of care and public liability, or any form of discrimination, must be strongly scrutinised and 100% prevented by any business and if not, court action is easily inevitable.
Goods and services were to be provided at this store for the benefit of all Australians.
29.
This is a moral and ethical issue, as much as it is a legal or a court issue, so I denounce all other court cases as being relevant to myself, as I am an ethical, honest, disabled, living, breathing man, under the watchful eye and compassionate hand of God.
30.
I do have reasonable prospects of success for a claim, as I have identified the goods and services and I have disclosed a basis for a claim in fact and law.
31.
V BURGER BAR are implicit for not caring or having a duty of care, as they leased a venue that is inaccessible.
32.
V BURGER BAR are lacking in morals and reasoning, as there is no failure on my part or that of the claim, that they speak of.
33.
There is nothing scandalous, frivolous or vexatious in my claim, as disabled suffering and human rights abuse are well understood and when you are pushed far enough, we all have a breaking point when our very survival and existence is at stake.
34.
ABORIGINALAUSTRALIANS [sic] know this type of suffering all too well, as do the disabled in Australia in 2015, who are treated basically the same as Aboriginal Australians.
35.
PUBLIC LIABILTY [sic] INSURANCE is a party to the claim, however not directly through this discrimination, however they are the party V BURGER BAR has to talk to, when a claim is demanded for compensation.
36.
When you are a DISABLED PERSON in AUSTRALIA, you only have to mention a small amount of these words, DISABLED, HELP, EMPLOYMENT, FINANCE, DISCRIMINATION, ABUSE, HUMILIATION and 99.99% of society blame us for the society being SYSTEMICALLY DISABILITY DISCRIMINATIVE and DISABILITY HATE CRIMINALS.
37.
This is not about GOVERNMENT or LEGAL rules, laws or codes, made up mostly by men with money, power and able bodied but it is about Godly compassion, morals and principals laws. THE LAWS OF THE BIBLE ARE THE ONLY LAWS OF ALL MEN POINT BANK!
38.
The U.N, states very strongly that the disabled are to be treated with the utmost decency, care, compassion, morals, justice, liberty, consideration, inclusion, financial and employment benefits.
V BURGER BAR and their LAWYERS have blatantly defiled most of these points and have gone one step further to then, humiliate and cause me untold emotional and physical anxiety and drag me through the courts, spending a fortune to destroy me and defame me for having an exceedingly valid and strong argument under the laws of MAN AND GOD.
By law, by default, Australia is a MEMBER of the U.N. and on the U.N. SECUIRTY [sic] COUNCIL, therefore it is under AUSTRALIAN GOVERNMENT LAW and LEGISLATION that the U.N. RULINGS ON THE TREATMENT FOR DISABLED PERSONS exists fully as a legal obligation in all STATES and TERRITORIES OF AUSTRALIA.
39.
Manipulating me to provide proof of this in the court, is the same as trying to convince the courts that the Earths sky is blue 100% of the time, regardless whether it is night or cloudy. It is a poppy cock argument and of itself is a corrupt, deceitful and evil attempt to destroy my credibility and insult my intelligence and as such is more of the same vile and evil DISABILITY HATRED and DISABILITY DISCRIMINATION that is suffered by all DISABLED AUSTRALIANS daily and with relentless psychopathic zeal.
V BURGER BAR AFFIDAVIT OF MARCH 2017:
1. The AFFIDAVIT of [the Director of the Respondent, filed in the proceedings before the Federal Circuit Court] should be struck out in its entirety, as this is my claim against him, not the other way around, as it is nothing but PANDERING, APOLOGIST & VICTIM SHAMING OF A DISABLED PERSON TO WHOAH IS ME FOREIGNER SOB STORIES, as this is MY COUNTRY OF ORIGIN FIRST & FOREMOST.
2. As a DISABLED PERSON, I am hopping mad that he seems to have been given more favour to make a success of it, while I live in abject poverty and constant discrimination and unemployment, so I find his comments to be a TOTALLY RACIST & DIRTY DISGRACE, to a WHITE DISABLED CHRISTAIN [sic] AUSTRALIAN, who has done a lot for my country and have been kicked in the guts for it, while he is favoured and he is a foreigner who has been here for 10 minutes and I could not give one damn about him or his problems.
3. If I went to ISLAMIC INDONESIA and acted as the DISABLED HUMAN RIGHTS ACTIVIST in INDONESIA, I would be murdered by HIS COWARDLY MUSLIM COUNTRIES PEOPLE & GOVERNMENT. HIS LAWYERS SHOULD BE ASHAMED OF THEMSELVES FRANKLY!
4. His points he raised in PARAGRAPH 3 - 9 are what I have also done in my own country but cannot receive due to the DO GOODER & SOCIALIST APPROACH of AUSTRALIA, who prefers to help THIRD WORLD PEOPLE and make AUSTRALIANS THIRD WORLD INSTEAD! Helping the very INCOMPATIBLE FOREIGNERS such as himself, who is insulting me physically and intellectually, really does not make me want to hit him up for more compensation.
5. HUMAN RIGHTS ABUSE IS WELL RECEIVED AND ACCEPTED IN HUMAN RIGHTS ABUSIVE ISLAMIC INDONESIA, BUT BEING IGNORANT OF HUMAN RIGHTS ABUSE IN A CHRISTIAN BACKGROUND NATION, IS ABSOLUTELY NOT A DEFENCE IN LAW IN AUSTRALIA AT ALL!
6. PARAGRAPH 7, I find the word CHRISTMAS to be a bit unusual, as he is more than likely a MUSLIM, so to sue such a time precious to us WHITE CHRISTIANS, I find this is to dupe the court into feeling he is one of us, he is not, he is none of us.
7. PARAGRAPH 15. Since I became a DISABLED PERSON, I have had to work harder, just to have a life.
8. PARAGRAPH 10 - 25 IS A LOAD OF ABSOLUTE BULLSHIT THAT HAS NO BARING ON THE FACT THAT THERE IS NO RAMP TO THE BUSINESS AND I AM NOT A MIND READER, MIND YOU IF I WAS, HIS WOULD BE A SHORT BROCHURE ON TALKING BULLSHIT THAT IS AN AUSTRALIAN COMMENT FOR HIM!!
9. How the hell could I access his service, no ramp remember that.
10. To make out that the V BURGER BAR is MCDONALDS, who themselves have crap disability access and services with some DISABLITY [sic] ACCESS, but not that much, V BURGER BAR is telling a lie, as he does not have their infrastructure or policies to support me 100%.
11. PARAGRPAH [sic] 27. How the HELL can there be a record of my attendance when I never entered the store, due to NO RAMP, the NIMROD!
12. If there is NO RECORD of my complaint, the buffoon, why did I complain to HREOC? That is the record thanks very much. He admits there is no ramp there, so I must have attended to know there is no ramp at that business, the knuckle head.
13. If he is so poor and doing it so tough, he can go back to INDONESIA then, as how the HELL is there 3 branches and one at ELIZABETH QUAY. He will be one of the sleazy FOREIGN BILLIONAIRES in a few years, particularly y if this business franchisees out. He is not a small concern; he is becoming a big concern in business.
13 Mr Ellis opposed the summary judgment application, but because Mr Ellis was unrepresented, I permitted him to later file an affidavit explaining on oath the substance of the matters pertaining to his non-appearance. I did so in his interest as the grounds of appeal did not disclose any error of law. No application not to appear at the final hearing before the primary judge had been made, nor such an order granted. The notice of appeal does not support otherwise.
14 Mr Ellis subsequently filed an affidavit on 18 September 2017, which simply says:
1. This is my AFFIDAVIT in regards to my previously court submitted OUTLINE OF SUBMISSIONS in my NOTICE OF APPEAL.
2. The information contained is true to the best of my knowledge and my limited legal knowledge.
15 There is no verification of the matters set out in the notice of appeal and, as indicated above, the submissions, which Mr Ellis filed on 28 August 2017, in which he purports to verify, do not touch on the matters raised in the notice of appeal as to a telephone call sufficing as an appearance.
16 The grounds of appeal relate to the reasons for non-appearance, but when given the opportunity to verify those matters, Mr Ellis has not done so.
17 When the adjourned hearing was resumed on 27 October 2017, after filing of his brief affidavit, Mr Ellis chose not to seek to apply in the Federal Circuit Court to have the decision of the primary judge to dismiss the application because of default of appearance by Mr Ellis, made pursuant to r 13.03C(1)(c), be set aside under r 16.05 of the Federal Circuit Court Rules 2001. Nor, when this was pointed out to him, did he seek to consider that possibility. The respondent even offered to consent to that course to the extent it was within its power to do so. Rather, Mr Ellis focussed on racist attacks on the respondent and other complaints against the respondent's representatives and the courts.