Scott v Human Rights and Equal Opportunity Commission [2007] FCA 2055

Scott v Human Rights and Equal Opportunity Commission [2007] FCA 2055

Leave to appeal was refused because the Federal Magistrate's decision was not attended by sufficient doubt, previous proceedings had adequately considered the applicants’ claims, HREOC acted within its statutory powers to decline to inquire, and judicial immunity precluded investigation of courts; substantial injustice was not established.

Parties
First Applicant: Ralph Scott; Second Applicant: Sophie Scott; First Respondent: Human Rights and Equal Opportunity Commission; Second Respondent: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
21 December 2007
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Summary Dismissal by Federal Magistrate
Outcome
Application for leave to appeal refused; applicants' motions dismissed; costs awarded to second respondent.
Legal Topics
Leave to Appeal, Summary Dismissal, Judicial Review, Judicial Immunity, Adequacy of Previous Proceedings, Human Rights and Equal Opportunity Commission Jurisdiction
Practice and Procedure Human Rights Administrative Law Leave to Appeal Summary Dismissal Judicial Review Judicial Immunity Adequacy of Previous Proceedings +1 more

Case Brief

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Parties

Ralph Scott

First Applicant

Sophie Scott

Second Applicant

Human Rights and Equal Opportunity Commission

First Respondent

Commonwealth of Australia

Second Respondent

Procedural Posture

Application for Leave to Appeal / Leave to Appeal From Summary Dismissal by Federal Magistrate

Legal Issues

  1. 1 Whether leave to appeal should be granted for summary dismissal of judicial review application
  2. 2 Whether HREOC's decision not to inquire pursuant to s 20(2)(c)(ii) and (iii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) was in error
  3. 3 Whether previous proceedings had adequately dealt with applicants’ complaints

Ratio Decidendi

Leave to appeal was refused because the Federal Magistrate's decision was not attended by sufficient doubt, previous proceedings had adequately considered the applicants’ claims, HREOC acted within its statutory powers to decline to inquire, and judicial immunity precluded investigation of courts; substantial injustice was not established.

Court Disposition

Application for leave to appeal refused; applicants' motions dismissed; costs awarded to second respondent.

Orders

  • The application for leave to appeal be refused.
  • The applicants' motion, notice of which is dated 26 November 2007, be dismissed.