High Court. Can it be said that, "while [the respondent] may have been motivated to bring the current proceedings out of loyalty to [another person] or to avoid a possible forensic disadvantage to [that person], that does not mean that the proceedings were brought for an improper purpose"?
Although this case did not concern migration law, Question 1 below may be useful for migration proceedings. Some of the questions to the High Court (HCA) were as follows:
Question 1: Can it be said that, "while [the respondent] may have been motivated to bring the current proceedings out of loyalty to [another person] or to avoid a possible forensic disadvantage to [that person], that does not mean that the proceedings were brought for an improper purpose"?
Question 2: Can it be said that, "where the applicable rules as to standing are so broad as to enable a number of plaintiffs to bring proceedings, the choice of a plaintiff who is likely to enjoy some legitimate forensic or juridical advantage over other candidates is not an abuse of process"?
The HCA answered those questions as follows: