Przybylowski v Australian Human Rights Commission (No 2) [2018] FCA 473

Przybylowski v Australian Human Rights Commission (No 2) [2018] FCA 473

The application disclosed no reasonable cause of action and had no reasonable prospects of success as the applicant's claims were baseless, unparticularised, incomprehensible or impermissible attempts to relitigate matters already determined by the courts; the summary dismissal powers should be exercised and the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 April 2018
Procedural Posture
Application for Judicial Review / Summary Dismissal Application
Outcome
Application dismissed with costs
Legal Topics
['judicial Review' 'summary Dismissal' 'abuse of Process' 'procedural Fairness' 'jurisdiction' 'res Judicata' 'issue Estoppel']
['administrative Law' 'constitutional Law' 'human Rights Law'] ['judicial Review' 'summary Dismissal' 'abuse of Process' 'procedural Fairness' 'jurisdiction' 'res Judicata' 'issue Estoppel']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Judicial Review / Summary Dismissal Application

Legal Issues

  1. 1 ['Whether the application for judicial review has reasonable prospects of success' 'Whether the pleadings disclose a reasonable cause of action' 'Whether proceedings constitute an abuse of process' 'Whether summary dismissal is appropriate under the Federal Court Rules 2011' 'Whether there is an arguable constitutional issue arising' 'Whether failure to establish reasonable prospects of success' 'Whether procedural fairness was afforded']

Ratio Decidendi

The application disclosed no reasonable cause of action and had no reasonable prospects of success as the applicant's claims were baseless, unparticularised, incomprehensible or impermissible attempts to relitigate matters already determined by the courts; the summary dismissal powers should be exercised and the application dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • ['The whole of the application for judicial review is dismissed pursuant to rule 26.01 of the Federal Court Rules 2011 (Cth).' 'The applicant is to pay the costs of the second respondent as agreed or assessed.']