Rana, Ranjit Shamsher Jung Bahadur v Human Rights & Equal Opportunity Commission [1998] FCA 288

FEDERAL COURT OF AUSTRALIA DISCRIMINATION - review of decisions of Human Rights and Equal Opportunity Commission not to continue to inquire into allegations made by applicant - whether decision of private association to reject application for membership was based on applicant's ethnicity or disability - whether allegations lacking in substance - whether matters complained of did not give rise to unlawful discrimination. ESTOPPEL - Anshun estoppel - whether HREOC and delegate estopped from concluding applicant's complaints lacking in substance on the basis of an earlier decision to the contrary which had been set aside on review - application of Anshun principle in administrative proceedings. ADMINISTRATIVE LAW - Judicial review - allegations of fraud and apparent bias - whether material to justify making the allegations - whether decision-maker gave independent consideration to applicant's complaints. Administrative Decisions (Judicial Review) Act 1977 (Cth) Racial Discrimination Act 1975 (Cth) Disability Discrimination Act 1992 (Cth) Human Rights and Equal Opportunity Commission Act 1986 (Cth) R v Australia Broadcasting Tribunal; Ex Parte Hardiman & Ors (1980) 144 CLR 13, followed Commonwealth v Human Rights and Equal Opportunity Commission (1995) 63 FCR 74, applied Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321, followed Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589, followed McKenzie v McKenzie (1970) 3 A11 ER 1034, cited Blair v Curran (1939) 62 CLR 464, followed Assal v Department of Health, Housing & Community Services (1992) EOC 92-409, applied Nagasinghe v T A Worthington QC & Anor (unreported, von Doussa J, 6 October 1994), cited Ebber v Human Rights and Equal Opportunity Commission & Ors (unreported, Drummond J, 17 March 1995), cited Curragh Queensland Mining Ltd v Daniel (1992) 34 FLR 212, cited Webb v The Queen (1994) 181 CLR 41, followed Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70, cited Minister for Immigration, Local Government and Ethnic Affairs v Mok (1995) 55 FCR 375, cited Matter Nos. SG 67 of 1997 SG 85 of 1997 SG 94 of 1997 SG 95 of 1997 RANJIT SHAMSHER J B RANA v HUMAN RIGHTS & EQUAL OPPORTUNITY COMMISSION VON DOUSSA J ADELAIDE 31 MARCH 1998