NSW Caselaw
New South Wales Court of Appeal
CITATION: AZRIEL v NSW LAND & HOUSING CORPORATION [2006] NSWCA 372 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 13 December 2006
JUDGMENT DATE: 15 December 2006
JUDGMENT OF: Santow JA at 1; Ipp JA at 3; Basten JA at 4
DECISION: 1. Notice of Motion of Respondent seeking summary dismissal of appeal filed 25 August 2006 dismissed.; 2. Appeal dismissed.
CATCHWORDS: ADMINISTRATIVE LAW – judicial review – failure to take account of relevant considerations – public housing transfer application – whether religious requirements were "personal preferences" for the purpose of the Department of Housing's Transfer Policy – whether refusal of accommodation reviewable if it would render compliance with religious beliefs impracticable or would subject their observance to unreasonable conditions - ADMINISTRATIVE LAW – failure to accord procedural fairness – "practical injustice" as basis for dismissing application for judicial review – whether later decision, which has not been arrived at, is likely to be infected by the same error as the decision under review – discretionary refusal of relief - DISCRIMINATION – ethno-religious discrimination – application in judicial review proceedings
Anti-Discrimination Act 1977 (NSW), ss 4, 7, 19, 20, 123 Housing Act 2001 (NSW), ss 5, 6 LEGISLATION CITED: Interpretation Act 1987 (NSW), s 33 Racial Discrimination Act 1975 (Cth), s 9 Supreme Court Act 1970 (NSW), s 75A
Australian Iron & Steel Pty Ltd v Banovic (1989) 168 CLR 165 Baird v State of Queensland [2006] FCAFC 162 Bruce v Cole (1998) 45 NSWLR 163 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088 CASES CITED: Khan v Minister for Immigration and Ethnic Affairs (1987) 14 ALD 291 King-Ansell v Police [1979] 2 NZLR 531 Mandla v Dowell Lee [1983] 2 AC 458 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 Water Conservation and Irrigation Commission (NSW) v Browning (1947) 74 CLR 492 Weal v Bathurst City Council (2000) 111 LGERA 181
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