Grigor-Scott v Jones [2008] FCAFC 14

Grigor-Scott v Jones [2008] FCAFC 14

The proceeding was incompetent because Bible Believers' Church was not a legal entity capable of being sued and Anthony Grigor-Scott was never a respondent to the complaint terminated by the President of the Commission. Section 46PO permitted proceedings only against respondents to the terminated complaint, so there was no basis to join Mr Grigor-Scott, and the orders made against him had to be set aside.

Jurisdiction
Australia
Judgment Date
28 February 2008
Procedural Posture
Appeal From a Single Judge of the Federal Court of Australia in a Racial Discrimination Proceeding Under S 46 PO of the Human Rights and Equal Opportunity Commission Act 1986 (cth) / Full Court Appeal
Outcome
Appeal allowed; orders of the primary judge set aside; proceeding dismissed as incompetent.
Legal Topics
['racial Discrimination' 'racial Hatred' 'terminated Complaint to the Human Rights and Equal Opportunity Commission' 'competence of Federal Court Proceeding' 'joinder of Respondent' 'extension of Time' 'unincorporated Association Without Legal Personality']
['anti Discrimination Law' 'federal Court Procedure'] ['racial Discrimination' 'racial Hatred' 'terminated Complaint to the Human Rights and Equal Opportunity Commission' 'competence of Federal Court Proceeding' 'joinder of Respondent' 'extension of Time' 'unincorporated Association Without Legal Personality']

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Procedural Posture

Appeal From a Single Judge of the Federal Court of Australia in a Racial Discrimination Proceeding Under S 46 PO of the Human Rights and Equal Opportunity Commission Act 1986 (cth) / Full Court Appeal

Legal Issues

  1. 1 ['Whether an application under s 46PO of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) could be brought against a person who was not a respondent to the terminated complaint before the Commission.' 'Whether Anthony Grigor-Scott was a respondent to the complaint made to the Commission.' 'Whether, if Anthony Grigor-Scott was a respondent to the complaint, the proceeding against him was commenced out of time and required an extension of time.' "Whether the primary judge erred in joining Anthony Grigor-Scott as a respondent to a proceeding originally brought against Bible Believers' Church, which had no separate legal personality."]

Ratio Decidendi

The proceeding was incompetent because Bible Believers' Church was not a legal entity capable of being sued and Anthony Grigor-Scott was never a respondent to the complaint terminated by the President of the Commission. Section 46PO permitted proceedings only against respondents to the terminated complaint, so there was no basis to join Mr Grigor-Scott, and the orders made against him had to be set aside.

Court Disposition

Appeal allowed; orders of the primary judge set aside; proceeding dismissed as incompetent.

Orders

  • ['The appeal be allowed.' 'The orders made on 21 July 2005 and 2 February 2007 be set aside.' 'In lieu of those orders, it be ordered that the proceeding be dismissed as incompetent.']