Scott v Human Rights and Equal Opportunity Commission [2010] FCA 1427

Scott v Human Rights and Equal Opportunity Commission [2010] FCA 1427

The applicants had no reasonable prospect of success in prosecuting the appeal because the issues sought to be raised had already been thoroughly determined in earlier litigation; moreover, attempts to relitigate such matters amounted to an abuse of process, and there was no sufficient doubt in the judgment below to justify leave to appeal or any substantial injustice in refusing leave.

Jurisdiction
Australia
Judgment Date
17 December 2010
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Summary Judgment
Outcome
Application for leave to appeal dismissed
Legal Topics
['abuse of Process' 'summary Judgment' 'leave to Appeal' 'jurisdiction of Human Rights Commission' 'relitigation of Settled Matters']
['administrative Law' 'human Rights Law' 'civil Procedure'] ['abuse of Process' 'summary Judgment' 'leave to Appeal' 'jurisdiction of Human Rights Commission' 'relitigation of Settled Matters']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal From Summary Judgment

Legal Issues

  1. 1 ['Whether applicants should be granted leave to appeal from summary judgment under s 31A(2) of the Federal Court of Australia Act 1976 (Cth)' 'Whether relitigation of previously decided cases constitutes an abuse of process' 'Whether previous court judgments can be set aside in this proceeding' "Whether Human Rights and Equal Opportunity Commission erred in deciding not to inquire into the applicants' complaint"]

Ratio Decidendi

The applicants had no reasonable prospect of success in prosecuting the appeal because the issues sought to be raised had already been thoroughly determined in earlier litigation; moreover, attempts to relitigate such matters amounted to an abuse of process, and there was no sufficient doubt in the judgment below to justify leave to appeal or any substantial injustice in refusing leave.

Court Disposition

Application for leave to appeal dismissed

Orders

  • ['The application for leave to appeal is dismissed.' "The applicants pay the second respondent's costs of the application."]