Singh v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2011] FCA 833

FEDERAL COURT OF AUSTRALIA

Singh v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2011] FCA 833 Citation: Singh v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2011] FCA 833

Parties: MOHINDER SINGH v SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS and SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS and SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS v MOHINDER SINGH

File number(s): VID 234 of 2010 VID 265 of 2010

Judge: BROMBERG J

Date of judgment: 27 July 2011

Catchwords: PRACTICE AND PROCEDURE – vexatious litigant sanction – application pursuant to O 21 r 1 Federal Court Rules – orders sought preventing respondent from bringing further proceedings without leave of the Court – whether respondent has instituted vexatious proceedings 'habitually, persistently and without reasonable grounds' – requirements of O 21 r 1 satisfied – exercise of Court's discretion not to make an order declined – orders granted ADMINISTRATIVE LAW – application for judicial review under s 5(1)(g) Administrative Decisions (Judicial Review) Act 1977 on grounds 'that the decision was induced or affected by fraud' – discussion of relevant principles – "fraud" bears its plain meaning and so refers to the fraud of any person – decision must be shown to have been actually induced or affected by fraud - Court must be satisfied that the fraud had a material effect on the ultimate decision under review – the "fraud" must be a fraud of the decision-maker or on the decision maker – the applicant's claim that a fraud was perpetrated on him was not capable of demonstrating a fraud on the decision maker – applicant's claims also estopped and not proved – application dismissed