Hall v Craig [2022] FCA 1312

Federal Court of Australia Hall v Craig [2022] FCA 1312 File number(s): NSD 728 of 2021

Judgment of: PERRY J

Date of judgment: 4 November 2022

Catchwords: PRACTICE AND PROCEDURE – application for summary dismissal under s 31A, Federal Court of Australia Act 1976 (Cth) and r 26.01, Federal Court Rules 2011 (Cth) – where injunction sought under s 232, Australian Consumer Law (ACL) prohibiting enforcement of NCAT eviction order made by consent – where tenant sought declarations of misleading and deceptive conduct and unconscionable conduct under ss 18 and 21, ACL – where tenant alleged breach of s 25, Disability Discrimination Act 1992 (Cth) (DDA) by landlord and property agent – where procedures for redress under DDA established under Australian Human Rights Commission Act 1986 (Cth) – where proceeding has no reasonable prospects of success – where proceeding is frivolous and vexatious, fails to disclose a reasonable cause of action, and constitutes an abuse of process – proceeding summarily dismissed COSTS – Whether Court ought to exercise discretion to award indemnity costs – where high-level allegations were baseless, vexatious, frivolous and without merit – where respondents offered at an early stage to have the matter discontinued with no order as to costs – where applicant was given express notice of intention to seek indemnity costs – application for indemnity costs granted

Legislation: Constitution ss 76, 109 Australian Human Rights Commission Act 1986 (Cth) ss 3, 46P, 49PO Competition and Consumer Act 2010 (Cth) sch 2 (Australian Consumer Law) ss 18, 21, 22, 60, 232 Disability Discrimination Act 1992 (Cth) ss 4, 25 Federal Court of Australia Act 1976 (Cth) s 31A Federal Court Rules 2011 (Cth) rr 25.01, 26.01 Residential Tenancies Act 2010 (NSW) s 85, 97