Barbaro, Paul v The Human Rights & Equal Opportunity Commission & Anor [1998] FCA 573

Barbaro, Paul v The Human Rights & Equal Opportunity Commission & Anor [1998] FCA 573

The application was summarily dismissed on the basis that there was no reasonable prospect of success. The applicant's execution of a discharge in favour of the State precluded further proceedings against the State concerning the same subject matter, and no question of law justifying judicial review was identified. The decision under review was not shown to be unreasonable or otherwise invalid.

Parties
Applicant: Paul Barbaro; First Respondent: The Human Rights and Equal Opportunity Commission; Second Respondent: The State of South Australia
Jurisdiction
Australia
Judgment Date
29 May 1998
Procedural Posture
Application for Judicial Review / Summary Dismissal
Outcome
Application summarily dismissed with costs
Legal Topics
Judicial Review, Racial Discrimination, Effect of Release/discharge on Subsequent Proceedings, Extension of Time
Administrative Law Anti Discrimination Judicial Review Racial Discrimination Effect of Release/discharge on Subsequent Proceedings Extension of Time

Case Brief

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Parties

Paul Barbaro

Applicant

The Human Rights and Equal Opportunity Commission

First Respondent

The State of South Australia

Second Respondent

Procedural Posture

Application for Judicial Review / Summary Dismissal

Legal Issues

  1. 1 Whether the Commission's decision not to continue inquiries into alleged racial discrimination was reviewable and incorrect
  2. 2 Whether there was any reasonable prospect of success for the applicant in his claim of racial discrimination
  3. 3 Effect of discharge signed by applicant on further proceedings

Ratio Decidendi

The application was summarily dismissed on the basis that there was no reasonable prospect of success. The applicant's execution of a discharge in favour of the State precluded further proceedings against the State concerning the same subject matter, and no question of law justifying judicial review was identified. The decision under review was not shown to be unreasonable or otherwise invalid.

Court Disposition

Application summarily dismissed with costs

Orders

  • The application filed herein be dismissed.
  • The applicant pay the second respondent's costs which costs are to be taxed in default of agreement.