Haque v Jabella Group Pty Ltd [2016] FCA 962

Haque v Jabella Group Pty Ltd [2016] FCA 962

Leave to appeal was refused because none of the proposed grounds identified any discernible error of law, fact, principle or approach by the primary judge, the proposed appeal had no prospect of success, and there could be no substantial injustice in refusing leave. Because leave would not be granted, extending time would be futile.

Jurisdiction
Australia
Judgment Date
18 August 2016
Procedural Posture
Application for Extension of Time and Leave to Appeal / Application in the Federal Court From Interlocutory Federal Circuit Court Orders Summarily Dismissing the Amended Application
Outcome
Application dismissed with costs.
Legal Topics
['extension of Time' 'leave to Appeal' 'summary Dismissal' 'frivolous or Vexatious Proceedings' 'abuse of Process' 'self Represented Litigants']
['practice and Procedure' 'employment and Industrial Relations'] ['extension of Time' 'leave to Appeal' 'summary Dismissal' 'frivolous or Vexatious Proceedings' 'abuse of Process' 'self Represented Litigants']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Application in the Federal Court From Interlocutory Federal Circuit Court Orders Summarily Dismissing the Amended Application

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to seek leave to appeal.' "Whether leave to appeal should be granted from the Federal Circuit Court's summary dismissal orders." "Whether the proposed appeal had any prospect of success or identified error in the primary judge's reasoning." 'Whether refusal of leave would cause substantial injustice.']

Ratio Decidendi

Leave to appeal was refused because none of the proposed grounds identified any discernible error of law, fact, principle or approach by the primary judge, the proposed appeal had no prospect of success, and there could be no substantial injustice in refusing leave. Because leave would not be granted, extending time would be futile.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application for an extension of time and for leave to appeal be dismissed.' "The applicant pay the respondents' costs as taxed or agreed."]