Luck v Townsville City Council [2000] FCA 1955

The notice of motion for leave to appeal and for a stay was well out of time, requiring an extension of time, and the applicant did not appear to move it despite being aware of the hearing and having facilities available to appear; it was therefore struck out with costs.

Jurisdiction: Australia
Judgment Date: 07 December 2000
Procedural Posture: Notice of Motion for Leave to Appeal Pursuant to O 52 R 10 and for a Stay / Motion Filed After Dismissal of an Earlier Notice of Motion; Struck Out by a Single Judge
Outcome: Applicant's notice of motion for leave to appeal filed 20 November 2000 and for a stay struck out with costs.
Legal Topics: ['leave to Appeal' 'stay' 'extension of Time' 'non Appearance' 'strike Out' 'costs']

['civil Procedure' 'appellate Procedure'] ['leave to Appeal' 'stay' 'extension of Time' 'non Appearance' 'strike Out' 'costs']

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Procedural Posture

Notice of Motion for Leave to Appeal Pursuant to O 52 R 10 and for a Stay / Motion Filed After Dismissal of an Earlier Notice of Motion; Struck Out by a Single Judge

Legal Issues

1 ["Whether the applicant's notice of motion for leave to appeal and for a stay should be dealt with by a Full Court or a single judge" 'Whether the notice of motion should be struck out where it was out of time and the applicant did not appear to move it']

Ratio Decidendi

Court Disposition

Applicant's notice of motion for leave to appeal filed 20 November 2000 and for a stay struck out with costs.

Orders

["The applicant's notice of motion for leave to appeal filed 20 November 2000 and for a stay be struck out, with costs."]