Gardiner v Toohey [2007] FCA 1293

The application for leave to appeal was dismissed because there was no separate basis on which leave could be granted apart from the matters relied on in proceeding TAD 20/2007, in which judgment had just been delivered.

Jurisdiction: Australia
Judgment Date: 21 August 2007
Procedural Posture: Application for Leave to Appeal From Summary Dismissal of a Claim Under the Administrative Decisions (judicial Review) Act 1977 (cth) / Leave to Appeal
Outcome: The application for leave to appeal was dismissed with costs.
Legal Topics: ['leave to Appeal' 'summary Dismissal' 'judicial Review Under the Administrative Decisions (judicial Review) Act 1977 (cth)']

['administrative Law' 'federal Civil Procedure'] ['leave to Appeal' 'summary Dismissal' 'judicial Review Under the Administrative Decisions (judicial Review) Act 1977 (cth)']

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Procedural Posture

Application for Leave to Appeal From Summary Dismissal of a Claim Under the Administrative Decisions (judicial Review) Act 1977 (cth) / Leave to Appeal

Legal Issues

1 ["Whether leave should be granted to appeal from Heerey J's summary dismissal of the applicant's claim against the respondents under the Administrative Decisions (Judicial Review) Act 1977 (Cth)." 'Whether there was any separate basis for granting leave apart from matters relied on in proceeding TAD 20/2007.']

Ratio Decidendi

Court Disposition

The application for leave to appeal was dismissed with costs.

Orders

['The application for leave to appeal is dismissed.' "The applicant pay the respondents' costs of the application."]