Nicholls v Australian Federal Police [2009] FCA 808

Nicholls v Australian Federal Police [2009] FCA 808

Given the timing of the application, the previous scheduling of the appeal, and the absence of adequate justification, the application to vacate the appeal date is refused. Any application to adduce new evidence or for leave to issue subpoenas can be raised at the hearing of the appeal.

Jurisdiction
Australia
Judgment Date
30 July 2009
Procedural Posture
Appeal / Interlocutory Application (adjournment of Appeal)
Outcome
Application for adjournment refused
Legal Topics
['adjournment' 'appeal Procedure' 'leave to Adduce New Evidence']
['civil Procedure'] ['adjournment' 'appeal Procedure' 'leave to Adduce New Evidence']

Case Brief

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Procedural Posture

Appeal / Interlocutory Application (adjournment of Appeal)

Legal Issues

  1. 1 ['Whether the appeal date should be vacated to allow the applicant additional time to prepare evidence and introduce new evidence']

Ratio Decidendi

Given the timing of the application, the previous scheduling of the appeal, and the absence of adequate justification, the application to vacate the appeal date is refused. Any application to adduce new evidence or for leave to issue subpoenas can be raised at the hearing of the appeal.

Court Disposition

Application for adjournment refused

Orders

  • ['The Notice of Motion filed on 28 July 2009 seeking vacation of the appeal date in this appeal is refused.' 'There be no order as to costs.']