Whittaker v Child Support Registrar (No. 4) [2009] FCA 387

Whittaker v Child Support Registrar (No. 4) [2009] FCA 387

The application to widen the scope of the leave application in respect of paragraph 32 of the Amended Statement of Claim was dismissed for the same reasons previously given for rejecting challenges concerning paragraphs 24 and 25, and because the applicants had not pressed paragraph 32 before the primary judge.

Jurisdiction
Australia
Judgment Date
08 April 2009
Procedural Posture
Application to Widen the Scope of an Application for Leave to Appeal / Interlocutory Application
Outcome
Application dismissed.
Legal Topics
['leave to Appeal' 'pleadings' 'repleading Amended Statement of Claim']
['civil Procedure'] ['leave to Appeal' 'pleadings' 'repleading Amended Statement of Claim']

Case Brief

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Procedural Posture

Application to Widen the Scope of an Application for Leave to Appeal / Interlocutory Application

Legal Issues

  1. 1 ["Whether the scope of the application for leave to appeal should be widened to include a challenge to the primary judge's refusal of leave to replead paragraph 32 of the Amended Statement of Claim."]

Ratio Decidendi

The application to widen the scope of the leave application in respect of paragraph 32 of the Amended Statement of Claim was dismissed for the same reasons previously given for rejecting challenges concerning paragraphs 24 and 25, and because the applicants had not pressed paragraph 32 before the primary judge.

Court Disposition

Application dismissed.

Orders

  • ["The application made ore tenus to widen the scope of the application for leave to appeal to include a challenge to the primary judge's findings in respect of paragraph 32 of the Amended Statement of Claim be dismissed."]