Bittman v Australian Securities & Investments Commission [2007] FCA 559
The application for an extension of time was dismissed because the applicant failed to provide a satisfactory explanation for the delay and had no reasonable prospects of success, as the Notice of Appeal did not disclose a question of law.
- Jurisdiction
- Australia
- Judgment Date
- 19 April 2007
- Procedural Posture
- Application for Extension of Time / Determination of Application for Extension of Time to File Application for Leave to Appeal
- Outcome
- Application for extension of time dismissed with costs.
- Legal Topics
- ['extension of Time' 'leave to Appeal' 'interlocutory Orders' 'administrative Appeals Tribunal' 'notice of Appeal Requirements']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Extension of Time / Determination of Application for Extension of Time to File Application for Leave to Appeal
Legal Issues
- 1 ['Whether the applicant provided a satisfactory explanation for failing to comply with time limits for seeking leave to appeal' 'Whether the application for leave to appeal had reasonable prospects of success' 'Whether the respondent would suffer prejudice if time were extended']
Ratio Decidendi
The application for an extension of time was dismissed because the applicant failed to provide a satisfactory explanation for the delay and had no reasonable prospects of success, as the Notice of Appeal did not disclose a question of law.
Court Disposition
Application for extension of time dismissed with costs.
Orders
- ["The applicant's application for an extension of time within which to file an application for leave to appeal from the judgment of the Court given on 21 December 2006 be dismissed with costs."]
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