Rana v Commonwealth of Australia [2008] FCA 907

FEDERAL COURT OF AUSTRALIA

Rana v Commonwealth of Australia [2008] FCA 907

PRACTICE AND PROCEDURE – application alleging discrimination brought by applicant – application by respondents to dismiss the applicant's proceeding as an abuse of process or on the ground that the proceeding is vexatious – where applicant already sought judicial review of two decisions of the second respondent – whether issues said to arise in this proceeding should have been raised in earlier proceeding – whether proceeding brought for a collateral purpose and thereby improper purpose – whether proceeding should be summarily dismissed pursuant to s 31A of the Federal Court of Australia Act (1976) – application dismissed. Federal Court of Australia Act 1976 (Cth) s 31A Federal Court Rules 1979 (Cth) O 20 r 5 Batistatos v Roads and Traffic Authority of New South Wales (2006) 226 CLR 256 cited Brock v Minister for Justice and Customs (2007) 243 ALR 315 cited Dey v Victorian Railways Commissioners (1949) 78 CLR 62 cited General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125cited Gye v McIntyre (1991) 171 CLR 609 cited Jewiss v Deputy Commissioner of Taxation (2006) 65 ATR 222cited Metall & Rohstoff AG v Donaldson Lufkin [1990] 1 QB 391 cited Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 followed Rana v Chief of Army [2008] FMCA 518 cited Rogers v The Queen (1994) 181 CLR 251 cited Spalla v St George Motor Finance Ltd (No 6) [2004] FCA 1699 cited Walton v Gardiner (1993) 177 CLR 378 cited White Industries Australia Ltd v Commissioner of Taxation (2007) 160 FCR 298 cited Williams v Spautz (1992) 174 CLR 509cited Wong v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 146 FCR 1 cited Second Reading Speech Migration Litigation Reform Bill 2005 (Cth) RANJIT SHAMSHER JUNG BAHADUR RANA v COMMONWEALTH OF AUSTRALIA and BRIGADIER CRAIG ORME AS DELEGATE OF CHIEF OF ARMY