Scott v Human Rights Commission [2012] FCA 1466

Scott v Human Rights Commission [2012] FCA 1466

Leave to commence the proceeding was refused because Mr and Mrs Scott failed to demonstrate that their application was not vexatious and did not establish a reasonable cause of action. The proposed claims repeated prior grievances and any novel grounds could have been raised in earlier proceedings.

Parties
First Applicant: Ralph Scott; Second Applicant: Sophie Scott; Respondent: Australian Human Rights Commission
Jurisdiction
Australia
Judgment Date
24 December 2012
Procedural Posture
Application for Leave to Commence Proceeding / Application for Leave Determined
Outcome
Leave to commence proceeding refused
Legal Topics
Vexatious Proceedings, Leave to Commence Proceeding, Judicial Review, Racial Discrimination, Disability Discrimination
Practice and Procedure Administrative Law Discrimination Law Vexatious Proceedings Leave to Commence Proceeding Judicial Review Racial Discrimination Disability Discrimination

Case Brief

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Parties

Ralph Scott

First Applicant

Sophie Scott

Second Applicant

Australian Human Rights Commission

Respondent

Procedural Posture

Application for Leave to Commence Proceeding / Application for Leave Determined

Legal Issues

  1. 1 Whether leave should be granted to commence new proceedings under rule 6.03 despite previous litigation
  2. 2 Whether the proposed proceeding is vexatious
  3. 3 Whether a reasonable cause of action exists

Ratio Decidendi

Leave to commence the proceeding was refused because Mr and Mrs Scott failed to demonstrate that their application was not vexatious and did not establish a reasonable cause of action. The proposed claims repeated prior grievances and any novel grounds could have been raised in earlier proceedings.

Court Disposition

Leave to commence proceeding refused

Orders

  • The applicants' application for leave to start a proceeding be refused.