Parker v Commonwealth of Australia [2011] FCA 1029

FEDERAL COURT OF AUSTRALIA

Parker v Commonwealth of Australia [2011] FCA 1029 Citation: Parker v Commonwealth of Australia [2011] FCA 1029

Parties: TROY PARKER v COMMONWEALTH OF AUSTRALIA, LINDSAY O'NEIL, DANIEL BELL, MARCUS EDWARDES and SOPHIE SWANN

File number: QUD 105 of 2010

Judge: DOWSETT J

Date of judgment: 2 September 2011

Catchwords: PRACTICE AND PROCEDURE – notice of motion seeking summary dismissal of the applicant's claim for damages in respect of unlawful imprisonment and that the applicant's statement of claim otherwise be dismissed – where the applicant detained pursuant to s 189 of the Migration Act 1958 (Cth) – where subsequently it was conceded that, at all times during his detention, the applicant was a lawful non-citizen – where the applicant pleaded numerous causes of action including: breach of fiduciary duty, misfeasance in public office, intentional infliction of damage by conspiracy, intentional infliction of psychiatric harm, unlawful imprisonment, breach of statutory duty, negligence wrongfully denying permission to work, personal injuries, money had and received, and work and labour done – in respect of unlawful imprisonment, whether the applicant had a reasonable prospect of prosecuting his claim – in respect of the applicant's other causes of action – whether the pleadings disclose no reasonable cause of action and ought to be struck out.

Legislation: Freedom of Information Act 1982 (Cth) Limitation Act 1935 (WA) s 38 Limitation Act 1985 (ACT) Migration Act 1958 (Cth) ss 189, 190, 191 Public Service Act 1999 (Cth) United Nations Covenant on Civil & Political Rights