Scott v Human Rights and Equal Opportunity Commission [2010] FCA 1323

Scott v Human Rights and Equal Opportunity Commission [2010] FCA 1323

The proceeding was dismissed because Mr and Mrs Scott had no reasonable prospect of successfully prosecuting the application for review: the Commission was entitled to conclude that the subject matter of the complaint had been adequately dealt with in previous comprehensive judicial proceedings, and the application constituted an abuse of process as an attempt to relitigate issues already determined. No error of law by the Commission was established, and no legal basis was shown for reopening previous judgments.

Jurisdiction
Australia
Judgment Date
02 December 2010
Procedural Posture
Judicial Review, Summary Dismissal Application / Judgment After Hearing on Application for Summary Dismissal
Outcome
Proceeding dismissed. Application for summary dismissal granted.
Legal Topics
['summary Dismissal' 'abuse of Process' 'scope of Judicial Review' 'australian Human Rights Commission Complaints' 'misfeasance in Public Office' 'disability Support Pension' 'special Benefit' 'reopening Past Litigation' 'natural Justice' 'unlawful Discrimination' 'international Covenant on Civil and Political Rights' 'declaration on the Rights of Disabled Persons']
['administrative Law' 'human Rights Law' 'civil Procedure'] ['summary Dismissal' 'abuse of Process' 'scope of Judicial Review' 'australian Human Rights Commission Complaints' 'misfeasance in Public Office' 'disability Support Pension' 'special Benefit' 'reopening Past Litigation' 'natural Justice' 'unlawful Discrimination' 'international Covenant on Civil and Political Rights' 'declaration on the Rights of Disabled Persons']

Case Brief

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Procedural Posture

Judicial Review, Summary Dismissal Application / Judgment After Hearing on Application for Summary Dismissal

Legal Issues

  1. 1 ["Whether the Commission erred in refusing to inquire into applicants' complaint under s 20(2)(c)(iii) of the Australian Human Rights Commission Act" 'Whether the proceeding should be dismissed for having no reasonable prospect of success under s 31A(2) of the Federal Court of Australia Act' 'Whether relitigation constituted an abuse of process' 'Whether there was any legal basis to reopen previously decided cases' 'Whether the Commission failed to consider relevant considerations, acted under dictation, breached natural justice, or acted unreasonably in an administrative law sense']

Ratio Decidendi

The proceeding was dismissed because Mr and Mrs Scott had no reasonable prospect of successfully prosecuting the application for review: the Commission was entitled to conclude that the subject matter of the complaint had been adequately dealt with in previous comprehensive judicial proceedings, and the application constituted an abuse of process as an attempt to relitigate issues already determined. No error of law by the Commission was established, and no legal basis was shown for reopening previous judgments.

Court Disposition

Proceeding dismissed. Application for summary dismissal granted.

Orders

  • ['Subject to paragraph 2 of these orders, the proceeding is dismissed.' 'The application under Order 21 of the Federal Court Rules relating to vexatious litigants referred to in paragraphs 2 and 3 of the notice of motion filed by the second respondent on 23 June 2009 is adjourned until 2.15 pm on 28 March 2011.'...