Singh v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2011] FCA 833

Singh v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2011] FCA 833

Mr Singh has habitually, persistently, and without reasonable grounds instituted numerous vexatious proceedings, including the current application, which is so obviously untenable or manifestly groundless as to be utterly hopeless. His claims are either estopped or not substantiated. The requirements for a vexatious litigant order under Order 21 r 1 are satisfied. Mr Singh's judicial review application does not demonstrate that the decision was induced or affected by fraud, nor is any relief available under the ADJR Act justified; the application is dismissed.

Jurisdiction
Australia
Judgment Date
27 July 2011
Procedural Posture
Applications for Judicial Review and Vexatious Litigant Order / Final Judgment
Outcome
Mr Singh's application dismissed; order made that Mr Singh not institute any proceeding in the Federal Court of Australia without leave of the Court; proceedings to be relisted for costs and further submissions on extant proceedings.
Legal Topics
['vexatious Litigants' 'judicial Review' 'fraud in Administrative Decisions' 'estoppel' 'sequestration Orders' 'costs' 'leave to Institute Proceedings']
['administrative Law' 'practice and Procedure' 'bankruptcy'] ['vexatious Litigants' 'judicial Review' 'fraud in Administrative Decisions' 'estoppel' 'sequestration Orders' 'costs' 'leave to Institute Proceedings']

Case Brief

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Procedural Posture

Applications for Judicial Review and Vexatious Litigant Order / Final Judgment

Legal Issues

  1. 1 ['Whether Mr Singh has habitually, persistently and without reasonable grounds instituted vexatious proceedings' "Whether Mr Singh's current application for judicial review is vexatious" 'Whether the decisions challenged were induced or affected by fraud' "Whether estoppel principles bar Mr Singh's claims"]

Ratio Decidendi

Mr Singh has habitually, persistently, and without reasonable grounds instituted numerous vexatious proceedings, including the current application, which is so obviously untenable or manifestly groundless as to be utterly hopeless. His claims are either estopped or not substantiated. The requirements for a vexatious litigant order under Order 21 r 1 are satisfied. Mr Singh's judicial review application does not demonstrate that the decision was induced or affected by fraud, nor is any relief available under the ADJR Act justified; the application is dismissed.

Court Disposition

Mr Singh's application dismissed; order made that Mr Singh not institute any proceeding in the Federal Court of Australia without leave of the Court; proceedings to be relisted for costs and further submissions on extant proceedings.

Orders

  • ["The Applicant's application is dismissed." 'The Respondent, Mohinder Singh, may not institute any proceeding in the Federal Court of Australia without leave of the Court.' 'Both matters to be relisted for submissions on costs and whether extant proceedings may continue without leave.']