Johnson v Native Title Registrar [2014] FCA 577

Johnson v Native Title Registrar [2014] FCA 577

As there were no reasonable prospects of success on the appeal (in particular, duress was not made out on the evidence), the application for extension of time was refused.

Parties
Applicant: Arthur Charles Johnson; First Respondent: Native Title Registrar; Second Respondent: State of Queensland
Jurisdiction
Australia
Judgment Date
04 April 2014
Procedural Posture
Application for Extension of Time to Apply for Leave to Appeal / Determination of Extension Application
Outcome
Application refused
Legal Topics
Extension of Time, Leave to Appeal, Summary Judgment, Duress, Native Title, ILUA
Civil Procedure Extension of Time Leave to Appeal Summary Judgment Duress Native Title ILUA

Case Brief

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Parties

Arthur Charles Johnson

Applicant

Native Title Registrar

First Respondent

State of Queensland

Second Respondent

Procedural Posture

Application for Extension of Time to Apply for Leave to Appeal / Determination of Extension Application

Legal Issues

  1. 1 Whether an extension of time should be granted to apply for leave to appeal a summary judgment decision
  2. 2 Whether there were reasonable prospects of success on the proposed appeal based on duress

Ratio Decidendi

As there were no reasonable prospects of success on the appeal (in particular, duress was not made out on the evidence), the application for extension of time was refused.

Court Disposition

Application refused

Orders

  • The application be refused.