Nolan, Ross Samuel v Administrative Appeals Tribunal & Anor [1997] FCA 477

Nolan, Ross Samuel v Administrative Appeals Tribunal & Anor [1997] FCA 477

The application for judicial review should not be summarily dismissed at this stage despite defective particulars because the applicant is self-represented, the Tribunal (as respondent) does not seek dismissal, and there remains a possibility, however remote, that proper grounds could be established if ample opportunity is provided to file further and better particulars.

Jurisdiction
Australia
Judgment Date
06 May 1997
Procedural Posture
Application for Judicial Review / Interlocutory (directions Hearing, Application for Dismissal, Application for Further Particulars)
Outcome
Application for summary dismissal refused; order made for applicant to provide further and better particulars within fourteen days; costs reserved.
Legal Topics
['judicial Review' 'standing' 'dismissal Summary Judgment' 'joinder of Parties' 'particulars of Pleadings' 'role of Tribunal as Respondent']
['administrative Law' 'civil Procedure'] ['judicial Review' 'standing' 'dismissal Summary Judgment' 'joinder of Parties' 'particulars of Pleadings' 'role of Tribunal as Respondent']

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Procedural Posture

Application for Judicial Review / Interlocutory (directions Hearing, Application for Dismissal, Application for Further Particulars)

Legal Issues

  1. 1 ['Whether the application for judicial review should be dismissed for want of proper particulars, as frivolous or vexatious, or for lack of standing' 'Whether the Development Allowance Authority should be joined as a respondent to provide a proper contradictor']

Ratio Decidendi

The application for judicial review should not be summarily dismissed at this stage despite defective particulars because the applicant is self-represented, the Tribunal (as respondent) does not seek dismissal, and there remains a possibility, however remote, that proper grounds could be established if ample opportunity is provided to file further and better particulars.

Court Disposition

Application for summary dismissal refused; order made for applicant to provide further and better particulars within fourteen days; costs reserved.

Orders

  • ['Applicant to provide proper further and better particulars of the denial of natural justice, errors of law, procedural inequities, denial of equitable treatment, bad faith, and relief sought within fourteen days' 'Further hearing adjourned to a date to be fixed' 'Costs of hearing on 2 April 1997 reserved']