Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Scott v Secretary, Department of Social Security [2000] FCA 1241
SOCIAL SECURITY – tort of misfeasance in public office – no intention to cause harm – no private right of action for breach of Social Security Act 1991 (Cth) – no common law duty of care to advise of benefits potentially available – damages in negligence cannot be claimed merely for failure to act with due expedition. Social Security Act 1991 (Cth) Sanders v Snell (1998) 196 CLR 329 applied Wilkinson v Downton [1897] 2 QB 57 referred to Northern Territory v Mengel (1995) 185 CLR 307 applied Byrne v Australian Airlines Ltd (1995) 185 CLR 410 referred to X (Minors) v Bedfordshire County Council [1995] 2 AC 633 applied Re Fry and Secretary, Department of Social Security (1990) 20 ALD 709 referred to L. Shaddock & Associates Pty Ltd v Parramatta City Council (No 1) (1981) 150 CLR 225 distinguished RALPH SCOTT AND SOPHIE SCOTT V SECRETARY, DEPARTMENT OF SOCIAL SECURITY NO V 31 OF 2000
JUDGES: BEAUMONT, FRENCH & FINKELSTEIN JJ DATE: 7 SEPTEMBER 2000 PLACE: MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 31 OF 2000
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: RALPH SCOTT
FIRST APPELLANT
SOPHIE SCOTT
SECOND APPELLANT
AND: SECRETARY, DEPARTMENT OF SOCIAL SECURITY
RESPONDENT
JUDGES: BEAUMONT, FRENCH & FINKELSTEIN JJ
DATE OF ORDER: 7 SEPTEMBER 2000
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. Costs be reserved. 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 V 31 OF 2000
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
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