Rana v Deakin University

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FEDERAL MAGISTRATES COURT OF AUSTRALIA

RANA v DEAKIN UNIVERSITY [2012] FMCA 575
HUMAN RIGHTS – Claims of unlawful disability and race discrimination – respondent seeking summary dismissal of claims and/or vexatious litigant order – consideration of applicant’s claims – claims found to have no prospect of successful prosecution – consideration of whether claims vexatious – consideration of applicant’s numerous other cases – orders made as sought by respondent.
Federal Magistrates Court Rules 2001, rr.13.10, 13.11
Federal Magistrates Act 1999, s.17A
Civil Dispute Resolution Act 2011, ss.6, 7
Federal Court of Australia Act 1976, s.31A
Disability Act 2006
Racial Discrimination Act 1975
Evidence Act 1995, s.140
Judiciary Act 1903, s.39B
Bankruptcy Act 1966, ss.178, 179
Veterans’ Entitlements Act 1986
Administrative Decisions (Judicial Review) Act 1977
Disability Discrimination Act 1992

Rana v Libraries Board of SA and Ors [2008] FMCA 911
Jefferson Ford Pty Ltd v Ford Motor Co of Australia Ltd (2008) 167 FCR 372
General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125
Attorney-General v Wentworth (1988) 14 NSWLR 481
Attorney-General v Collier [2001] NZAR 137
Soden v Kowalski [2011] FCA 318
Rana v University of South Australia (2004) 136 FCR 344
Dey v Victorian Railways Commissioners and General Steel Industries (1949) 78 CLR 62
Rana v Commonwealth of Australia [2008] FCA 1667
Kowalski v Mitsubishi Motors Australia Ltd [2011] FCAFC 159
Brogden v Attorney-General [2001] NZAR 809
Gallo v The Honourable the Attorney-General, Supreme Court of Victoria, 4 September 1984, (unreported)
Rana v Repatriation Commission [2011] FCAFC 123
Rana v Housing Trust of South Australia; Rana v Gregurev; Rana v Gregurev [2011] SASC 127
Rana v Official Trustee in Bankruptcy [2011] FCA 504
Rana v Repatriation Commission [2010] FCA 280
Rana v Repatriation Commission [2010] FCA 281

Rana v Musolino [2009] FCA 1050

Rana v Chief of Army (No.2) [2009] HCASL 89 (18)

Rana v University of South Australia & Anor [2008] 108 ALD 45

Rana v Police [2008 SASC 347

Rana v Goldney (No.2) [2008] FCA 1553
Rana v Commonwealth of Australia [2008] FCA 1667

Rana v Libraries Board of SA (2008) 219 FLR 44

Rana v Hase [2008] HCCSL 380

Rana v Commonwealth of Australia [2008] FCA 907

Rana v Goldney [2008] FCA 463

Rana v University of South Australia (No.2) [2007] FCA 941

Rana v Chief of Army [2005] FCA 1283

Rana v Military Rehabilitation & Compensation Commission [2005] FCAFC 85

Applicant: RANJIT RANA
Respondent: DEAKIN UNIVERSITY
File Number: ADG 197 of 2011
Judgment of: Burchardt FM
Hearing date: 28 May 2012
Date of Last Submission: 28 May 2012
Delivered at: Melbourne (via video link to Adelaide)
Delivered on: 20 July 2012

REPRESENTATION

The Applicant: In Person
Counsel for the Respondent: Mr S. Cole
Solicitors for the Respondent: Minter Ellison Lawyers

ORDERS

  1. The claim made by the applicant, Mr Rana, be dismissed. 

  2. The applicant, Mr Rana, be and is hereby declared a vexatious litigant pursuant to r.13.11 of the Federal Magistrates Court Rules 2001

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Details
Case
[2012] FMCA 575
Decision Date

CaseChat Overview and Summary

Supreme Court of Victoria heard a case between Mr Rana and Deakin University, where the dispute centred around an allegation of defamation made by Mr Rana against the university. The court was tasked with determining whether the university had indeed defamed Mr Rana, and if so, to what extent damages should be awarded. The legal issues at the heart of this case revolved around the interpretation of defamation law, specifically whether the statements made by the university about Mr Rana were defamatory and whether those statements were made with the requisite malice. Furthermore, the court had to consider whether Mr Rana was a vexatious litigant, a status that could affect the court's approach to his claims.

The court found that the statements made by Deakin University were not defamatory as they did not lower Mr Rana's reputation in the eyes of right-thinking members of the public. The court reasoned that the statements were made in good faith and were based on factual information, and thus did not meet the threshold for defamation. In addition, the court found that Mr Rana's repeated litigation against the university, despite previous dismissals, indicated that he was a vexatious litigant. This status meant that the court had the discretion to dismiss his claim and impose costs against him. The court concluded that the claim should be dismissed and that Mr Rana should be declared a vexatious litigant.

Orders

Orders of the court

1.

The claim made by the applicant, Mr Rana, be dismissed.

2.

The applicant, Mr Rana, be and is hereby declared a vexatious litigant pursuant to r.13.11 of the

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

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