Cavar v Green Gate Pty Ltd [2016] FCA 82
Leave to appeal against the order for transfer was barred by statute under s 32AB(8) of the Federal Court of Australia Act 1976 (Cth); the related costs order presented no sufficient reason to allow appeal, and the respondent gave an undertaking not to seek such costs; thus, no utility in permitting the application.
- Jurisdiction
- Australia
- Judgment Date
- 12 February 2016
- Procedural Posture
- Application for Leave to Appeal / Judgment on Application for Leave to Appeal
- Outcome
- Application dismissed
- Legal Topics
- ['transfer of Proceedings' 'costs' 'jurisdiction' 'age Discrimination' 'racial Discrimination']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Leave to Appeal / Judgment on Application for Leave to Appeal
Legal Issues
- 1 ['Whether leave to appeal should be granted against interlocutory orders transferring proceedings and regarding costs' 'Competence of appeal from an order for transfer under s 32AB of the Federal Court of Australia Act 1976 (Cth)' 'Appropriateness of costs order and the risk of future costs liability']
Ratio Decidendi
Leave to appeal against the order for transfer was barred by statute under s 32AB(8) of the Federal Court of Australia Act 1976 (Cth); the related costs order presented no sufficient reason to allow appeal, and the respondent gave an undertaking not to seek such costs; thus, no utility in permitting the application.
Court Disposition
Application dismissed
Orders
- ['The application for leave to appeal filed on 14 December 2015 be dismissed.' 'There be no order as to costs.']
Full Case Text
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