Umoona Tjutagku Health Service Aboriginal Corporation (ICN 7460) v Walsh [2017] FCA 1587

Umoona Tjutagku Health Service Aboriginal Corporation (ICN 7460) v Walsh [2017] FCA 1587

Given the reasonably arguable grounds of appeal concerning matters of principle, the short period of delay, and balancing prejudice and interests of justice, extension of time and leave to appeal should be granted.

Parties
First Applicant: Umoona Tjutagku Health Service Aboriginal Corporation (ICN 7460); Second Applicant: Priscilla Magdalene Larkins; Respondent: Alexandra Jane Walsh
Jurisdiction
Australia
Judgment Date
15 December 2017
Procedural Posture
Application for Extension of Time and Leave to Appeal Against Costs Orders / Hearing and Determination of Application for Extension of Time and Leave to Appeal
Outcome
Extension of time and leave to appeal granted.
Legal Topics
Extension of Time to Appeal, Leave to Appeal, Appeals Against Costs Orders
Practice and Procedure Extension of Time to Appeal Leave to Appeal Appeals Against Costs Orders

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Parties

Umoona Tjutagku Health Service Aboriginal Corporation (ICN 7460)

First Applicant

Priscilla Magdalene Larkins

Second Applicant

Alexandra Jane Walsh

Respondent

Procedural Posture

Application for Extension of Time and Leave to Appeal Against Costs Orders / Hearing and Determination of Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Should the extension of time be granted for applying for leave to appeal?
  2. 2 Should leave to appeal the costs orders be granted?

Ratio Decidendi

Given the reasonably arguable grounds of appeal concerning matters of principle, the short period of delay, and balancing prejudice and interests of justice, extension of time and leave to appeal should be granted.

Court Disposition

Extension of time and leave to appeal granted.

Orders

  • The time within which the Applicants may commence an appeal against the trial Judge's decision of 9 October 2017 is extended to 4 pm on Monday 18 December 2017, with the Notice of Appeal to be substantively in the form of the draft Notice of Appeal.
  • The Applicants are granted leave to commence the appeal.