Garrett v Universal Holidays Pty Ltd [2007] FCA 526

Garrett v Universal Holidays Pty Ltd [2007] FCA 526

The applicant provided no explanation for delay and no sufficient grounds were established to justify an extension of time or the granting of leave to appeal, as the original decision was practical and could be revisited after resolution of related proceedings.

Jurisdiction
Australia
Judgment Date
13 April 2007
Procedural Posture
Application for Extension of Time and for Leave to Appeal / Application for Extension of Time and Leave to Appeal Determined
Outcome
Application for extension of time to seek leave to appeal refused; costs ordered against the applicant.
Legal Topics
['extension of Time' 'leave to Appeal' 'joinder of Parties' 'interpleader Proceedings']
['civil Procedure'] ['extension of Time' 'leave to Appeal' 'joinder of Parties' 'interpleader Proceedings']

Case Brief

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Procedural Posture

Application for Extension of Time and for Leave to Appeal / Application for Extension of Time and Leave to Appeal Determined

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time in which to seek leave to appeal from an interlocutory decision' "Whether leave to appeal should be granted from the decision of Lander J dismissing the applicant's joinder applications"]

Ratio Decidendi

The applicant provided no explanation for delay and no sufficient grounds were established to justify an extension of time or the granting of leave to appeal, as the original decision was practical and could be revisited after resolution of related proceedings.

Court Disposition

Application for extension of time to seek leave to appeal refused; costs ordered against the applicant.

Orders

  • ['The application for an extension of time in which to seek leave to appeal from the decision of Lander J on 6 October 2006 is refused.' 'The applicant is to pay the costs of the second and fifth respondents to this application.' 'If the fourth respondent files and serves an appearance by 20 April 2007, the...