Peacock v Human Rights and Equal Opportunity Commission

Case

[2005] HCATrans 585

No judgment structure available for this case.

[2005] HCATrans 585

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S157 of 2005

B e t w e e n -

MORTIMER JOHN PEACOCK

Applicant

and

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT ADELAIDE ON WEDNESDAY, 10 AUGUST 2005, AT 9.35 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant seeks special leave to appeal against orders of the Full Court of the Federal Court of Australia.  That Court dismissed the applicant’s appeal against orders of the Federal Magistrates Court dismissing the application for judicial review of a decision of the respondent Commission declining to inquire further into a complaint the applicant had made to the Commission on the basis that the complaint was misconceived, was lacking in substance, or had been adequately dealt with.  The Full Court of the Federal Court concluded that the Federal Magistrate was right to dismiss the application for judicial review.

Because the applicant is unrepresented, his application for special leave falls to be determined under rule 41.10 of the High Court Rules 2004.

There is no reason to doubt the correctness of the Full Court’s conclusion that the Federal Magistrate was right.  It is unnecessary to form any view about other issues considered by the Full Court.

Pursuant to rule 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. I publish that disposition.

AT 9.36 AM THE MATTER WAS CONCLUDED

Areas of Law

  • Administrative Law

  • Statutory Interpretation

Legal Concepts

  • Judicial Review

  • Procedural Fairness

  • Natural Justice

  • Jurisdiction

  • Statutory Construction

  • Standing

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