Ejueyitsi v Victorian Legal Admissions Board [2020] FCA 165

FEDERAL COURT OF AUSTRALIA

Ejueyitsi v Victorian Legal Admissions Board [2020] FCA 165 File number: NSD 1856 of 2019

Judge: PERRAM J

Date of judgment: 13 February 2020

Date of publication of reasons: 20 February 2020

Catchwords: CONSUMER LAW – application for summary dismissal – claim under Competition and Consumer Act 2010 (Cth) Sch 2, Australian Consumer Law ('ACL') for misleading and deceptive conduct – where Applicant's application for admission as a legal practitioner refused after Respondent formed view that Applicant's law degree was bogus and issued by a degree mill university – whether Respondent able to be sued under ACL – where Applicant claimed ACL applicable as Respondent was a trading corporation and not an arm of Victorian State on basis that 'our society … has always been contractual' – where Applicant claimed Respondent engaged in trade or commerce – whether claim had no reasonable prospects of success ADMINISTRATIVE LAW – application for summary dismissal – claim in nature of judicial review for 'wrongful application of law: retrospective principle' – whether Court has jurisdiction to entertain claim for misapplication of Legal Profession Uniform Law Application Act 2014 (Vic) – where Applicant claimed misapplication of Victorian law constituted breach of ACL – consideration of claim under ACL as given force by either Commonwealth or Victorian law – where Applicant otherwise claimed jurisdiction conferred by Judiciary Act 1903 (Cth) s 39B – whether requisite Federal element – whether claim had no reasonable prospects of success COSTS – where Applicant claimed costs should not follow summary dismissal on basis of Applicant's financial circumstances and because of 'inflammatory' and 'scandalous' nature of Respondent's evidence – whether grounds articulated as to why costs should not follow event