Rana v Human Rights & Equal Commission [1999] FCA 264

FEDERAL COURT OF AUSTRALIA

Rana v Human Rights & Equal Opportunity Commission [1999] FCA 264

Administrative law – judicial review – bias or apparent bias – where judge adjudicated in other proceedings where applicant was a party – allegations of interference with the presentation of the applicant's case – allegation that judge failed to consider meaning of "lack of substance" in statutory context. Estoppel – finding of discrimination by Human Rights and Equal Opportunity Commission – whether an estoppel arose in applicant's favour.

Flentjar v Repatriation Commission (1997) 26 AAR 93 – appl. Livesey v NSW Bar Association (1983) 151 CLR 288 – appl. The Queen v Australian Stevedoring Industry Board; Ex parte: Melbourne Stevedoring Company Pty Ltd (1953) 88 CLR 100 – appl. Vakuatu v Kelly (1989) 167 CLR 568 – appl. Webb v The Queen (1994) 181 CLR 41 – appl.

Administrative Decisions (Judicial Review) Act 1977 (Cth) Racial Discrimination Act 1992 (Cth) Disability Discrimination Act 1992 (Cth)

RANJIT S.J.B. RANA v HUMAN RIGHTS & EQUAL OPPORTUNITY COMMISSION

SG 48 of 1998

JUDGES: BEAUMONT, BRANSON & SUNDBERG JJ.

DATE: 19 MARCH 1999

PLACE: SYDNEY (HEARD IN ADELAIDE)

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SG 48 OF 1998

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

BETWEEN: RANJIT S. J. B. RANA

Appellant

AND: HUMAN RIGHTS & EQUAL OPPORTUNITY COMMISSION

Respondent

JUDGES: BEAUMONT, BRANSON & SUNDBERG JJ

DATE OF ORDER: 19 MARCH 1999

WHERE MADE: SYDNEY (HEARD IN ADELAIDE)

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. No order for the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SG 48 OF 1998