Barbaro, Paul v The Human Rights & Equal Opportunity Commission & Anor [1998] FCA 1543

Barbaro, Paul v The Human Rights & Equal Opportunity Commission & Anor [1998] FCA 1543

The application for judicial review had no reasonable prospect of success as there was no evidence that ethnic origin was a basis for the conduct of which Mr Barbaro complained, and no legal basis to challenge the President's decision.

Jurisdiction
Australia
Judgment Date
25 November 1998
Procedural Posture
Appeal / Full Court Decision on Appeal Against Summary Dismissal of Judicial Review Application
Outcome
Appeal dismissed with costs
Legal Topics
['judicial Review' 'racial Discrimination' 'summary Dismissal']
['administrative Law' 'anti Discrimination Law'] ['judicial Review' 'racial Discrimination' 'summary Dismissal']

Case Brief

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Procedural Posture

Appeal / Full Court Decision on Appeal Against Summary Dismissal of Judicial Review Application

Legal Issues

  1. 1 ['Whether the application for judicial review had reasonable prospect of success' 'Whether the application disclosed any arguable error of law by the President of HREOC']

Ratio Decidendi

The application for judicial review had no reasonable prospect of success as there was no evidence that ethnic origin was a basis for the conduct of which Mr Barbaro complained, and no legal basis to challenge the President's decision.

Court Disposition

Appeal dismissed with costs

Orders

  • ['The appeal be dismissed with costs.']