Przybylowski v Australian Human Rights Commission [2022] FCA 1249

Przybylowski v Australian Human Rights Commission [2022] FCA 1249

Leave to appeal is refused as the grounds raised by the applicant are un-particularised and have no reasonable prospects of success; no arguable error in the primary judge's summary dismissal decision is demonstrated; and there was no breach of procedural fairness or natural justice. Adjournment pending Polish...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 October 2022
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Interlocutory Summary Dismissal
Outcome
Application for leave to appeal dismissed
Legal Topics
['judicial Review' 'leave to Appeal' 'summary Dismissal' 'jurisdiction' 'procedural Fairness' 'natural Justice']
['administrative Law' 'practice and Procedure' 'human Rights'] ['judicial Review' 'leave to Appeal' 'summary Dismissal' 'jurisdiction' 'procedural Fairness' 'natural Justice']

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal From Interlocutory Summary Dismissal

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from summary dismissal of judicial review application' 'Whether applicant established jurisdictional error, breach of natural justice or breach of procedural fairness' 'Whether adjournment should be granted due to ongoing proceedings in Polish court']

Ratio Decidendi

Leave to appeal is refused as the grounds raised by the applicant are un-particularised and have no reasonable prospects of success; no arguable error in the primary judge's summary dismissal decision is demonstrated; and there was no breach of procedural fairness or natural justice. Adjournment pending Polish proceedings is not in the interests of justice and the Federal Court's jurisdiction is unaffected by foreign litigation.

Court Disposition

Application for leave to appeal dismissed

Orders

  • ['The application for leave to appeal is dismissed.' "The applicant is to pay the second respondent's costs as agreed or taxed."]