Singh v Secretary, Department of Employment & Workplace Relations [2007] FCAFC 174

FEDERAL COURT OF AUSTRALIA

Singh v Secretary, Department of Employment & Workplace Relations [2007] FCAFC 174

ADMINISTRATIVE LAW – review of decisions of Social Security Appeals Tribunal and Administrative Appeals Tribunal – finding by Administrative Appeals Tribunal that appellant's application before it was frivolous and vexatious – allegation of fraud on part of respondent – preclusion of appellant from re-litigating matters under Anshun principle Administrative Appeals Tribunal Act 1975 (Cth), s 42B(1) Social Security Act 1991 (Cth), ss 17, 1165 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 followed Singh v Secretary, Department of Employment and Workplace Relations [2006] FCA 1381 affirmed Wong v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 242 approved MOHINDER SINGH v SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS VID 1217 OF 2006

DOWSETT, SIOPIS AND MIDDLETON JJ

22 NOVEMBER 2007

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1217 OF 2006

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MOHINDER SINGH

Appellant

AND: SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS

Respondent

JUDGES: DOWSETT, SIOPIS AND MIDDLETON JJ DATE OF ORDER: 22 NOVEMBER 2007

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The appeal be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1217 OF 2006

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MOHINDER SINGH

Appellant

AND: SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS

Respondent

JUDGES: DOWSETT, SIOPIS AND MIDDLETON JJ