Singh v Secretary, Department of Employment & Workplace Relations [2006] FCA 1381

FEDERAL COURT OF AUSTRALIA

Singh v Secretary, Department of Employment & Workplace Relations [2006] FCA 1381

ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal – Tribunal dismissed application as frivolous and vexatious – Tribunal directed that applicant not bring any further application regarding particular social security benefits without leave – whether Tribunal erred in law – whether Tribunal entitled to have regard to entire history of proceedings. Administrative Appeals Tribunal Act 1975 (Cth) ss 42B, 42B(1)(b), 44 Attorney-General v Wentworth (1988) 14 NSWLR 481 cited Commonwealth Bank of Australia v Heinrich [2003] FCA 540 cited Freeman v National Australia Bank Ltd [2006] FCAFC 67 discussed Granich & Associates v Yap [2004] FCA 1567 cited Henderson v Henderson (1843) 3 Hare 100; (1843) 67 ER 313 applied Horvath v Commonwealth Bank of Australia [1999] FCA 504 cited Hunters Hill Municipal Council v Pedler [1976] 1 NSWLR 478 cited Jones v Skyring (1992) 109 ALR 303 cited Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 applied Ramsey v Skyring (1999) 164 ALR 378 cited Secretary, Department of Social Security v Cunneen (1997) 78 FCR 576 referred to Singh v Secretary, Dept of Family & Community Services[2001] FCA 1281 referred to Singh v DFCS [2003] FMCA 566 referred to Singh v Secretary, Department of Family & Community Services [2004] FCA 1685 referred to Singh v Secretary, Department of Family and Community Services [2005] FCA 1625 referred to Singh v Secretary, Department of Family and Community Services [2006] FCA 189 referred to MOHINDER SINGH v SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS VID 843 OF 2006

WEINBERG J

23 OCTOBER 2006

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 843 OF 2006