SMS Technology Australia Pty Ltd v Abdullah M Al Hamed [2009] FCA 451

SMS Technology Australia Pty Ltd v Abdullah M Al Hamed [2009] FCA 451

Because there had been no application to the Federal Magistrates Court to set aside the default judgment and no grounds for extension of time or leave to appeal were established, both appeals were incompetent and must be dismissed.

Jurisdiction
Australia
Judgment Date
01 May 2009
Procedural Posture
Appeal / Application for Leave to Appeal; Extension of Time; Dismissal at Interlocutory Stage
Outcome
Appeals dismissed
Legal Topics
['appeals' 'leave to Appeal' 'default Judgment' 'extension of Time']
['practice and Procedure'] ['appeals' 'leave to Appeal' 'default Judgment' 'extension of Time']

Case Brief

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Procedural Posture

Appeal / Application for Leave to Appeal; Extension of Time; Dismissal at Interlocutory Stage

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from a default judgment of the Federal Magistrates Court' 'Whether extension of time for appeal should be granted when leave not obtained within statutory period' 'Whether failure to apply to set aside default judgment affects competency of the appeal']

Ratio Decidendi

Because there had been no application to the Federal Magistrates Court to set aside the default judgment and no grounds for extension of time or leave to appeal were established, both appeals were incompetent and must be dismissed.

Court Disposition

Appeals dismissed

Orders

  • ['The appeal is dismissed (QUD48 of 2009).' 'The appeal is dismissed (QUD51 of 2009).' 'No order as to costs.']