Avetmiss Easy Pty Ltd v Australia Skills Qualification Authority [2014] FCA 761

Avetmiss Easy Pty Ltd v Australia Skills Qualification Authority [2014] FCA 761

The proposed appeal lacked substance and any reasonable prospect of success; the principles relating to Calderbank offers did not assist the applicant, who was not a successful party, and there was no error in the lump sum costs order made by the primary judge.

Jurisdiction
Australia
Judgment Date
24 July 2014
Procedural Posture
Application for Extension of Time and Leave to Appeal / Determination of Application for Extension of Time and for Leave to Appeal Lump Sum Costs Order
Outcome
Applications for extension of time and leave to appeal refused with costs.
Legal Topics
['extension of Time' 'leave to Appeal' 'costs Orders' 'calderbank Offers']
['practice and Procedure'] ['extension of Time' 'leave to Appeal' 'costs Orders' 'calderbank Offers']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Determination of Application for Extension of Time and for Leave to Appeal Lump Sum Costs Order

Legal Issues

  1. 1 ['Whether the application for extension of time and leave to appeal lump sum costs order should be granted' 'Whether the proposed appeal has any reasonable prospect of success' 'Whether the Calderbank offer made by the applicant affects the costs discretion']

Ratio Decidendi

The proposed appeal lacked substance and any reasonable prospect of success; the principles relating to Calderbank offers did not assist the applicant, who was not a successful party, and there was no error in the lump sum costs order made by the primary judge.

Court Disposition

Applications for extension of time and leave to appeal refused with costs.

Orders

  • ["The applicant's applications for enlargement of time within which to apply for leave to appeal and for leave to appeal be refused." "The applicant pay the respondent's costs of the application."]