Dauguet v Centrelink [2015] FCA 1212

Dauguet v Centrelink [2015] FCA 1212

The appeal has no reasonable prospect of success as the dismissal under r 5.23 was interlocutory and Mr Dauguet did not seek leave to appeal; further, there is no evidence of mental disability or illness supporting appointment of a litigation representative; summary judgment for the respondent is appropriate.

Jurisdiction
Australia
Judgment Date
11 November 2015
Procedural Posture
Appeal / Judgment
Outcome
Judgment entered for the respondent; interlocutory applications by appellant dismissed; appellant to pay respondent's costs.
Legal Topics
['appointment of Litigation Representative' 'summary Judgment' 'objection to Competency of Appeal' 'dismissal for Want of Prosecution']
['practice and Procedure' 'administrative Law'] ['appointment of Litigation Representative' 'summary Judgment' 'objection to Competency of Appeal' 'dismissal for Want of Prosecution']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the appellant suffers a mental disability or illness such that he is not capable of managing his own affairs, justifying appointment of a litigation representative' 'Whether the appeal has no reasonable prospect of success because the appellant did not seek leave to appeal' 'Whether the order dismissing the proceeding was interlocutory or final' 'Whether the appeal has no reasonable prospect of success on the merits' 'Whether a single judge sitting in appellate jurisdiction has power to determine an objection to competency of appeal']

Ratio Decidendi

The appeal has no reasonable prospect of success as the dismissal under r 5.23 was interlocutory and Mr Dauguet did not seek leave to appeal; further, there is no evidence of mental disability or illness supporting appointment of a litigation representative; summary judgment for the respondent is appropriate.

Court Disposition

Judgment entered for the respondent; interlocutory applications by appellant dismissed; appellant to pay respondent's costs.

Orders

  • ["The Appellant's interlocutory application dated 31 July 2015 for a hearing date in the appeal and to strike out the objection to competency of the appeal is dismissed." "The Appellant's interlocutory application dated 17 September 2015 to appoint Natasha Peric to be his litigation representative in the proceeding...