Shewan, John Adrian v Human Rights & Equal Opportunity Commission & Anor [1998] FCA 1772

Shewan, John Adrian v Human Rights & Equal Opportunity Commission & Anor [1998] FCA 1772

The applicant was afforded all procedural rights required by the Act, there was no denial of natural justice, and the President's dismissal of the complaint as lacking in substance was lawful and supported by the material before him. The application for review is without merit and must be dismissed.

Parties
Applicant: John Adrian Shewan; First Respondent: Human Rights and Equal Opportunity Commission; Second Respondent: NSW Department of School Education
Jurisdiction
Australia
Judgment Date
09 September 1998
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed with costs
Legal Topics
Disability Discrimination, Judicial Review, Natural Justice, Extension of Time
Human Rights Administrative Law Discrimination Law Disability Discrimination Judicial Review Natural Justice Extension of Time

Case Brief

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Parties

John Adrian Shewan

Applicant

Human Rights and Equal Opportunity Commission

First Respondent

NSW Department of School Education

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether there was a denial of natural justice in the President's decision
  2. 2 Whether the President erred in dismissing the complaint as lacking in substance
  3. 3 Whether procedures required by law in making the decision were not observed

Ratio Decidendi

The applicant was afforded all procedural rights required by the Act, there was no denial of natural justice, and the President's dismissal of the complaint as lacking in substance was lawful and supported by the material before him. The application for review is without merit and must be dismissed.

Court Disposition

Application dismissed with costs

Orders

  • The time within which the application for judicial review may be filed is extended to 30 October 1997.
  • The application is dismissed with costs.