Catesby, David Raymond v Human Rights & Equal Opportunity Commission & Ors [1998] FCA 1245

Catesby, David Raymond v Human Rights & Equal Opportunity Commission & Ors [1998] FCA 1245

No ground under s 5 of the ADJR Act was established to review the President's decision; the President was empowered under s 101 of the Disability Discrimination Act 1992 (Cth) to dismiss the complaint as lacking in substance or misconceived, and the material did not disclose evidence of unlawful discrimination by...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 October 1998
Procedural Posture
Judicial Review Application / Final Judgment / Orders
Outcome
Application dismissed
Legal Topics
['judicial Review of Administrative Action' 'disability Discrimination' 'powers of President of Human Rights and Equal Opportunity Commission']
['administrative Law' 'discrimination Law'] ['judicial Review of Administrative Action' 'disability Discrimination' 'powers of President of Human Rights and Equal Opportunity Commission']

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Procedural Posture

Judicial Review Application / Final Judgment / Orders

Legal Issues

  1. 1 ["Whether the President of the Human Rights and Equal Opportunity Commission erred in dismissing the applicant's disability discrimination complaint under s 101 of the Disability Discrimination Act 1992 (Cth)" "Whether the applicant established any ground under s 5 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) for review of the President's decision"]

Ratio Decidendi

No ground under s 5 of the ADJR Act was established to review the President's decision; the President was empowered under s 101 of the Disability Discrimination Act 1992 (Cth) to dismiss the complaint as lacking in substance or misconceived, and the material did not disclose evidence of unlawful discrimination by reason of disability.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed']