FEDERAL COURT OF AUSTRALIA
Sayed v Salvation Army Housing [2023] FCA 526
File number: VID 685 of 2022 Judgment of: O’CALLAGHAN J Date of judgment: 26 May 2023 Catchwords: PRACTICE AND PROCEDURE – application for summary judgment by respondents – proceeding dismissed Legislation: Criminal Code Act 1995 (Cth) s 471.12
Evidence Act 1995 (Cth) ss 27, 29
Federal Court of Australia Act 1976 (Cth) ss 31A, 37P
Healthcare Identifiers Act 2010 (Cth) ss 3, 26, 27
Privacy Act 1988 (Cth) ss 6, 6C, 13, 13G, 15, 80Q, 80W, 93, Sch 1
Privacy Amendment (Private Sector) Act 2000 (Cth)
Federal Court Rules 2011 (Cth) r 26.01
Commonwealth, Parliamentary Debates, House of Representatives, 12 April 2000, 15751 (Daryl Williams, Attorney-General)
Charter of Human Rights and Responsibilities Act 2006 (Vic)
Housing Act 1983 (Vic)
Privacy and Data Protection Act 2014 (Vic)
Residential Tenancies Act 1997 (Vic) ss 85, 86, 89, 91ZL, 322
Victorian Civil and Administrative Tribunal Act 1998 (Vic) ss 75, 77
Cases cited: Danthanarayana v Commonwealth [2016] FCAFC 114
Dey v Victorian Railways Commissioners (1949) 78 CLR 62
General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125
Kimber v Owners Strata Plan No 48216 [2016] FCA 1090
Minister for Home Affairs v Hunt (2019) 269 FCR 292
Monis v The Queen (2013) 249 CLR 92
National Mutual Life Association of Australasia Ltd v Tolfield Pty Ltd (No 2) [2011] FCA 1309
Prior v South West Aboriginal Land and Sea Council Aboriginal Corporation [2020] FCA 808
Sop and Sop Pty Ltd v Commissioner of Taxation [2019] FCA 102
Spencer v Commonwealth (2010) 241 CLR 118
Sullivan v North West Crewing Pty Ltd [2016] FCA 1130
Tomlinson v Ramsey Food Processing Pty Ltd (2015) 256 CLR 507
Victoria International Container Terminal Ltd v Lunt (2021) 271 CLR 132
Division: General Division Registry: Victoria National Practice Area: Administrative and Constitutional Law and Human Rights Number of paragraphs: 104 Date of hearing: 15 May 2023 Counsel for the Applicant: The Applicant appeared in person Counsel for the First and Second Respondents: Ms PC Knowles Solicitor for the First and Second Respondents: Thomson Geer Counsel for the Third and Fifth Respondents: Mr JT Teng Solicitor for the Third and Fifth Respondents: Department of Families, Fairness and Housing Counsel for the Fourth Respondent: Ms REV Walsh Solicitor for the Fourth Respondent: Department of Treasury and Finance ORDERS
VID 685 of 2022 BETWEEN: MUHAMMAD SAYED
Applicant
AND: SALVATION ARMY HOUSING (ACN 608 346 934)
First Respondent
SALVATION ARMY HOUSING (VICTORIA) (ACN 133 724 651)
Second Respondent
CHIEF EXECUTIVE OFFICER, HOMES VICTORIA (and others named in the Schedule)
Third Respondent
ORDER MADE BY:
O’CALLAGHAN J
DATE OF ORDER:
26 MAY 2023
THE COURT ORDERS THAT:
1.The name of the third respondent be changed to Chief Executive Officer, Homes Victoria.
2.The proceeding be dismissed.
3.The applicant pay the respondents’ taxed costs.
Note: Entry of orders is dealt…
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- AGLC
- Sayed v Salvation Army Housing [2023] FCA 526
- Case
- [2023] FCA 526
- Decision Date
CaseChat Overview and Summary
The legal issues the court needed to address included whether the proceeding disclosed a reasonable cause of action and whether it was an abuse of process. The court referenced several authorities to clarify the standards for summary judgment under the Federal Court Rules. The court had to determine whether the applicant had no reasonable prospect of successfully prosecuting the claim, whether the proceeding was frivolous or vexatious, or if it constituted an abuse of the court’s process.
The court found that the proceeding did not disclose a reasonable cause of action and was an abuse of process. The proceeding was dismissed for failing to articulate any legal basis for the claims and for being manifestly groundless. The court concluded that the applicant had no reasonable prospect of success and that the proceeding was frivolous, vexatious, and an abuse of the court’s process. As a result, the proceeding was dismissed and the applicant was ordered to pay the respondents’ taxed costs.
Orders
Orders of the court
1. The name of the third respondent be changed to Chief Executive Officer, Homes Victoria.
2. The proceeding be dismissed.
3. The applicant pay the respondents’ taxed costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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