Edwards v Santos Limited [2010] FCA 34

Edwards v Santos Limited [2010] FCA 34

The application for leave to appeal raises sufficiently important issues, is not a minor interlocutory matter, and may potentially involve public importance and substantial legal questions; therefore, it should be referred for hearing by the Full Court, departing from the usual position that such applications are determined by a single judge.

Jurisdiction
Australia
Judgment Date
04 February 2010
Procedural Posture
Application for Leave to Appeal / Order on Application for Referral to Full Court
Outcome
Application granted: leave to appeal application referred to the Full Court.
Legal Topics
['referral of Leave to Appeal Application to Full Court' 'interpretation of S 31 a Federal Court Act' 'native Title Act 1993 (cth) – Right to Negotiate, Pre Existing Rights Based Acts']
['practice and Procedure' 'native Title'] ['referral of Leave to Appeal Application to Full Court' 'interpretation of S 31 a Federal Court Act' 'native Title Act 1993 (cth) – Right to Negotiate, Pre Existing Rights Based Acts']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Order on Application for Referral to Full Court

Legal Issues

  1. 1 ["Whether the application for leave to appeal against Justice Logan's decision should be referred to the Full Court under O 52 r 2AA(a) of the Federal Court Rules." 'Whether issues of efficiency, cost, public importance, and the nature of the earlier orders justify departure from the prima facie position that leave to appeal applications are heard by a single judge.']

Ratio Decidendi

The application for leave to appeal raises sufficiently important issues, is not a minor interlocutory matter, and may potentially involve public importance and substantial legal questions; therefore, it should be referred for hearing by the Full Court, departing from the usual position that such applications are determined by a single judge.

Court Disposition

Application granted: leave to appeal application referred to the Full Court.

Orders

  • ['The application for leave to appeal be heard by a Full Court of this Court.' 'Subject to any contrary direction of the Full Court, the application for leave to appeal be heard concurrently with, or alternatively, immediately before the appeal.']