Australian Competition and Consumer Commission v Link Solutions Pty Limited [2010] FCA 1461

Australian Competition and Consumer Commission v Link Solutions Pty Limited [2010] FCA 1461

The notice of motion was filed out of time because judgment was pronounced no later than 30 September 2010 and, in relation to EFS and the substantive orders concerning CIT, on 10 September 2010. Construed in context, s 25(2)(b) of the Federal Court of Australia Act 1976 (Cth) permits a single judge to deal with an application for an extension of time within which to file an application for leave to appeal.

Jurisdiction
Australia
Judgment Date
17 November 2010
Procedural Posture
Application for an Extension of Time to File an Application for Leave to Appeal / Interlocutory Application Adjourned
Outcome
Application for an extension of time for filing an application for leave to appeal adjourned to 19 November 2010.
Legal Topics
['extension of Time' 'application for Leave to Appeal' 'power of a Single Judge' 'interlocutory Judgment']
['practice and Procedure' 'appellate Jurisdiction'] ['extension of Time' 'application for Leave to Appeal' 'power of a Single Judge' 'interlocutory Judgment']

Case Brief

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Procedural Posture

Application for an Extension of Time to File an Application for Leave to Appeal / Interlocutory Application Adjourned

Legal Issues

  1. 1 ['Whether the Commission required an extension of time to file its application for leave to appeal.' 'Whether a single judge of the Federal Court may deal with an application for an extension of time within which to file an application for leave to appeal.']

Ratio Decidendi

The notice of motion was filed out of time because judgment was pronounced no later than 30 September 2010 and, in relation to EFS and the substantive orders concerning CIT, on 10 September 2010. Construed in context, s 25(2)(b) of the Federal Court of Australia Act 1976 (Cth) permits a single judge to deal with an application for an extension of time within which to file an application for leave to appeal.

Court Disposition

Application for an extension of time for filing an application for leave to appeal adjourned to 19 November 2010.

Orders

  • ['The application for an extension of time for filing an application for leave to appeal be adjourned to Friday 19 November 2010.']