Scott v Pedler [2004] FCAFC 67

FEDERAL COURT OF AUSTRALIA

Scott v Pedler [2004] FCAFC 67 SOCIAL SECURITY – appellant husband and wife litigants in person – respondent officers of Department of Social Security – earlier unsuccessful social security proceedings brought in Federal Court by same appellants against Secretary, Department of Social Security – causes of actions in earlier proceedings misconceived similar circumstances the subject of present proceedings – alleged breach of duty of care – alleged breaches of procedural fairness – alleged breaches of statutory duty – alleged causes of action involving intentional infliction of harm – 29 grounds of appeal together with 27 sub-grounds – findings of fact by primary judge as to reasonableness of conduct and absence of any vitiating conduct on the part of respondents – no errors of fact or law on part of primary judge – causes of actions misconceived in any event – adverse observations on conduct of appellants in bringing proceedings and misusing Court's resources – absence of deterrent of costs orders made against impecunious litigants

Social Security Act 1991 (Cth) ss 23(1), 94, 200, 106 to 108, 113-114, 116, 118, 729, 733, 740-743, 744-748, 1239-1243, 1247, 1283, 1296 and 1338 Scott v Pedler [2003] FCA 650 Scott and Another v Secretary, Department of Social Security (2002) 65 ALD 79 Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Byrne v Australian Airlines Ltd (1995) 185 CLR 410 Cubillo v Commonwealth (No 2) 103 FCR Crimmins v Stevedoring Industry Finance Committee (1999-2000) 200 CLR 1 Sullivan v Moody (2001) 207 CLR 562 Graham Barclay Oysters Pty Ltd v Ryan and Others (2002) 211 CLR 540 Shaddock & Associates Pty Ltd v Parramatta City Council (No 1) (1981) 150 CLR 225 Shaddock & Associates Pty Ltd v Parramatta City Council (No 1) (1981) 150 CLR 225 Sanders v Snell (1998) 196 CLR 329 Tahche v Abboud [2002] VSC 42 Minister for Immigration, Local Government and Ethnic Affairs v Hamsher (1992) 35 FCR 359 Cabal v United Mexican States (2001) 108 FCR 311 Sydneywide Distributors Pty Ltd v Red Bull Australia Pty Ltd [2002] 55 IPR 354 RALPH SCOTT AND SOPHIE SCOTT v OFFICER TONI LEE-ANNE PEDLER, DEPARTMENT OF SOCIAL SECURITY, OFFICER JULIE A WILLIAMS, DEPARTMENT OF SOCIAL SECURITY, AUTHORISED REVIEW OFFICER ROBERT A CHRYSTAL, DEPARTMENT OF SOCIAL SECURITY V 546 OF 2003 GYLES, CONTI AND ALLSOP JJ 26 MARCH 2004 SYDNEY