Forest v Virgin Blue Airlines Pty Ltd [2007] FCA 92

Forest v Virgin Blue Airlines Pty Ltd [2007] FCA 92

The proposed appeals from the directions made on 5 December 2006 were doomed to failure because the Federal Magistrate was not shown to be wrong in requiring particulars, pleadings and affidavit material, and Mr Forest's concerns arose from misunderstandings about the effect of the directions. Leave to appeal would not be granted, so extending time to seek leave was pointless.

Jurisdiction
Australia
Judgment Date
07 February 2007
Procedural Posture
Application for an Extension of Time to Bring an Application for Leave to Appeal From Directions Made in the Federal Magistrates Court / Federal Court Determination of Extension of Time Application
Outcome
Application dismissed.
Legal Topics
['extension of Time' 'leave to Appeal' 'particulars of Claim' 'directions' 'procedural Fairness' 'disability Dog']
['civil Procedure' 'appeals' 'anti Discrimination'] ['extension of Time' 'leave to Appeal' 'particulars of Claim' 'directions' 'procedural Fairness' 'disability Dog']

Case Brief

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Procedural Posture

Application for an Extension of Time to Bring an Application for Leave to Appeal From Directions Made in the Federal Magistrates Court / Federal Court Determination of Extension of Time Application

Legal Issues

  1. 1 ['Whether time should be extended to allow Mr Forest to bring an application for leave to appeal from the directions made by Coates FM on 5 December 2006.' 'Whether the Federal Magistrate erred in directing Mr Forest to provide particulars and take pleading and evidence steps before the related test case was decided.' 'Whether an alleged direction or order requiring Mr Forest to remove his dog from the courtroom was properly the subject of the proposed appeal.']

Ratio Decidendi

The proposed appeals from the directions made on 5 December 2006 were doomed to failure because the Federal Magistrate was not shown to be wrong in requiring particulars, pleadings and affidavit material, and Mr Forest's concerns arose from misunderstandings about the effect of the directions. Leave to appeal would not be granted, so extending time to seek leave was pointless.

Court Disposition

Application dismissed.

Orders

  • ['The application for an extension of time to bring an application for leave to appeal the decision of Coates FM of 5 December 2006 is dismissed.']