Prins v News Corp Australia Pty Ltd [2019] FCA 2002

Prins v News Corp Australia Pty Ltd [2019] FCA 2002

None of the matters advanced by the applicant gave rise to a reasonable apprehension of bias or unfairness; the primary judge did not fail to consider any substantive aspect of the applicant's case; there was no evidence capable of supporting an inference that the emails or article were sent or published because of the applicant's race, colour or national or ethnic origin as required by s 18C(1)(b) of the Racial Discrimination Act 1975 (Cth); and the proceeding was therefore appropriately summarily dismissed as having no reasonable prospects of success. The application for leave to appeal should be dismissed.

Jurisdiction
Australia
Judgment Date
29 November 2019
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Summary Dismissal (interlocutory Judgment)
Outcome
Application for leave to appeal dismissed.
Legal Topics
['racial Discrimination' 'section 18 C Rda' 'summary Dismissal' 'apprehended Bias' 'procedural Fairness']
['human Rights' 'administrative Law' 'constitutional Law'] ['racial Discrimination' 'section 18 C Rda' 'summary Dismissal' 'apprehended Bias' 'procedural Fairness']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal From Summary Dismissal (interlocutory Judgment)

Legal Issues

  1. 1 ['Whether the primary judge exhibited apprehended bias' 'Whether the proceeding was conducted unfairly' "Whether the primary judge failed to consider parts of the applicant's case" 'Whether the primary judge erred in finding no reasonable prospects of success under s 18C of the RDA' "Whether acts were done 'because of' the applicant's race, colour or national or ethnic origin"]

Ratio Decidendi

None of the matters advanced by the applicant gave rise to a reasonable apprehension of bias or unfairness; the primary judge did not fail to consider any substantive aspect of the applicant's case; there was no evidence capable of supporting an inference that the emails or article were sent or published because of the applicant's race, colour or national or ethnic origin as required by s 18C(1)(b) of the Racial Discrimination Act 1975 (Cth); and the proceeding was therefore appropriately summarily dismissed as having no reasonable prospects of success. The application for leave to appeal should be dismissed.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • ['The application for leave to appeal is dismissed.' "The applicant pay the respondents' costs of the application, excluding costs arising from their default in complying with Order 4 of the orders made on 3 September 2019, such exclusion to encompass their costs of preparing and filing written submissions."]