Executive Council of Australian Jewry & Anor v Scully, Olga & Anor [1998] FCA 66

Executive Council of Australian Jewry & Anor v Scully, Olga & Anor [1998] FCA 66

The Executive Council of Australian Jewry, not being a legal person, could not itself be a 'person aggrieved', but its constituent member, the Hobart Hebrew Congregation, had sufficient special interest as the representative organisation of Jews in Tasmania to have standing. The Council, though not in its own right, could act through its members who, due to their special interest, were persons aggrieved. Jeremy Jones had standing as the Executive Vice President responsible for representing Australian Jewry, including the group aggrieved in Launceston, Tasmania.

Parties
First Applicant: Executive Council of Australian Jewry; Second Applicant: Jeremy Jones; First Respondent: Olga Scully; Second Respondent: Human Rights and Equal Opportunity Commission
Jurisdiction
Australia
Judgment Date
13 February 1998
Procedural Posture
Judicial Review Application / Judgment on Review of Administrative Decision
Outcome
Application allowed
Legal Topics
Racial Discrimination, Standing to Make Complaint, Administrative Review
Human Rights Law Racial Discrimination Standing to Make Complaint Administrative Review

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 24 Party arguments 2
Sign in to unlock

Parties

Executive Council of Australian Jewry

First Applicant

Jeremy Jones

Second Applicant

Olga Scully

First Respondent

Human Rights and Equal Opportunity Commission

Second Respondent

Procedural Posture

Judicial Review Application / Judgment on Review of Administrative Decision

Legal Issues

  1. 1 Whether an unincorporated association is a "person aggrieved" under the Racial Discrimination Act 1975 s 22(1)
  2. 2 Whether constituent members of the association were 'persons aggrieved'
  3. 3 Whether the Executive Vice President of the association had standing as a 'person aggrieved'

Ratio Decidendi

The Executive Council of Australian Jewry, not being a legal person, could not itself be a 'person aggrieved', but its constituent member, the Hobart Hebrew Congregation, had sufficient special interest as the representative organisation of Jews in Tasmania to have standing. The Council, though not in its own right, could act through its members who, due to their special interest, were persons aggrieved. Jeremy Jones had standing as the Executive Vice President responsible for representing Australian Jewry, including the group aggrieved in Launceston, Tasmania.

Court Disposition

Application allowed

Orders

  • The decision of the Human Rights and Equal Opportunity Commission to dismiss the complaint made by the applicants on 1 August 1996 be set aside.
  • The Commission hear and determine the said complaint according to law.