HIGH COURT OF AUSTRALIA
GAUDRON J
HERIJANTO (As the Representative of the Persons
listed in the Schedule) PLAINTIFF
AND
REFUGEE REVIEW TRIBUNAL & ORS DEFENDANTS
Herijanto v Refugee Review Tribunal [2000] HCA 16
31 March 2000
S97/1998
ORDER
Interrogatories 3, 5, 6, 7(b), (c), (d) and (e) and 8 to 67 inclusive are set aside.
The plaintiff is to pay two-thirds of the defendants' costs.
Representation:
M A Robinson for the plaintiff (instructed by Adrian Joel & Co)
R T Beech-Jones for the defendants (instructed by Australian Government Solicitor)
Notice: This copy of the Court’s Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
HIGH COURT OF AUSTRALIA
GAUDRON J
MUIN (As the Representative of the Persons
listed in the Schedule) PLAINTIFF
AND
REFUGEE REVIEW TRIBUNAL & ORS DEFENDANTS
Muin v Refugee Review Tribunal
31 March 2000
S36/1999
ORDER
Interrogatories 3, 5, 6, 7(b), (c), (d) and (e) and 8 to 59 inclusive are set aside.
The plaintiff is to pay two-thirds of the defendants' costs.
Representation:
M A Robinson for the plaintiff (instructed by Adrian Joel & Co)
R T Beech-Jones for the defendants (instructed by Australian Government Solicitor)
Notice: This copy of the Court’s Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
HIGH COURT OF AUSTRALIA
GAUDRON J
LIE (As the Representative of the Persons
listed in the Schedule) PLAINTIFF
AND
REFUGEE REVIEW TRIBUNAL & ORS DEFENDANTS
Lie v Refugee Review Tribunal
31 March 2000
S89/1999
ORDER
Interrogatories 3, 5, 6, 7(b), (c), (d) and (e) and 8 to 56 inclusive are set aside.
The plaintiff is to pay two-thirds of the defendants' costs.
Representation:
M A Robinson for the plaintiff (instructed by Adrian Joel & Co)
R T Beech-Jones for the defendants (instructed by Australian Government Solicitor)
Notice: This copy of the Court’s Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
GAUDRON J. The plaintiff in each of these matters has brought proceedings as the representative of various persons who seek injunctive and other relief under s 75(v) of the Constitution. They seek that relief with respect to decisions of the Refugee Review Tribunal ("the Tribunal"), the first defendant in each matter. The plaintiff in each matter has administered Interrogatories to an individual member of the Tribunal, the three sets of Interrogatories being in identical or substantially identical form. Application has been made in each matter for all but one of the Interrogatories to be set aside.
Pursuant to O 32 r 5(1) of the High Court Rules ("the Rules"):
" Interrogatories may be set aside on the ground that they have been exhibited unreasonably or vexatiously, or may be struck out on the ground that they are prolix, oppressive, unnecessary or scandalous."
In essence, it is claimed in each matter that all but one of the Interrogatories are unreasonable or vexatious by reason that they infringe the protection and immunity which individual members…
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- Case
- [2000] HCA 16
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was whether certain interrogatories sought by the plaintiff were oppressive and an abuse of process. The plaintiff sought to interrogate the Tribunal regarding its decision-making process, including the reasons for its findings and the weight given to particular evidence.
Gaudron J reasoned that the function of the Tribunal was to make a decision based on the evidence before it, and that the interrogatories sought to inquire into the mental processes of the decision-maker, which is impermissible. The Court applied the principle that interrogatories should not be used to embark on a "fishing expedition" or to challenge the merits of a decision, but rather to elicit facts relevant to the issues in dispute. The Court found that the interrogatories were designed to probe the Tribunal's reasoning rather than to obtain relevant facts, and were therefore an abuse of process.
Consequently, Gaudron J ordered that interrogatories 3, 5, 6, 7(b), (c), (d) and (e) and 8 to 67 inclusive be set aside, and that the plaintiff pay two-thirds of the defendant's costs.
Orders
Orders of the court
1.
Interrogatories 3, 5, 6, 7(b), (c), (d) and (e) and 8 to 67 inclusive are set aside.
2.
The plaintiff is to pay two-thirds of the defendants' costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by:
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