Crocker v Philips Electronics Australia Ltd [2000] FCA 1935

Crocker v Philips Electronics Australia Ltd [2000] FCA 1935

Stone J was exercising the appellate jurisdiction of the Federal Court when refusing to extend time for the applicant to seek leave to appeal Branson J's interlocutory judgment; because that appellate jurisdiction had been exercised, there was no further appeal within the Court and the applicant's proceeding was incompetent.

Jurisdiction
Australia
Judgment Date
07 December 2000
Procedural Posture
Application for Leave to Appeal / Notice of Motion Seeking Leave to Appeal Against Refusal to Extend Time
Outcome
Notice of Motion dismissed; appeal struck out as incompetent; applicant to pay the respondent's costs.
Legal Topics
['extension of Time' 'leave to Appeal From Interlocutory Judgment' 'competence of Further Appeal']
['federal Civil Procedure' 'appellate Jurisdiction'] ['extension of Time' 'leave to Appeal From Interlocutory Judgment' 'competence of Further Appeal']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Notice of Motion Seeking Leave to Appeal Against Refusal to Extend Time

Legal Issues

  1. 1 ["Whether a further appeal lies in the Federal Court from a single judge's refusal to extend time to seek leave to appeal from an interlocutory judgment." 'Whether the Notice of Motion was beyond the jurisdiction of the Court and incompetent.']

Ratio Decidendi

Stone J was exercising the appellate jurisdiction of the Federal Court when refusing to extend time for the applicant to seek leave to appeal Branson J's interlocutory judgment; because that appellate jurisdiction had been exercised, there was no further appeal within the Court and the applicant's proceeding was incompetent.

Court Disposition

Notice of Motion dismissed; appeal struck out as incompetent; applicant to pay the respondent's costs.

Orders

  • ["The applicant's Notice of Motion be dismissed." "The applicant pay the respondent's costs."]