Croker v Deputy Registrar of the High Court of Australia [2003] FCAFC 280

Croker v Deputy Registrar of the High Court of Australia [2003] FCAFC 280

The appellate jurisdiction of the Court had already been exercised by Hely J when he refused leave to appeal from Madgwick J's security for costs order, so the further purported appeal to the Full Court was incompetent and had to be dismissed with costs.

Jurisdiction
Australia
Judgment Date
01 December 2003
Procedural Posture
Purported Appeal From a Decision of a Single Judge of the Federal Court Exercising Appellate Jurisdiction / Full Court Determination of Competence of the Purported Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
['incompetent Appeal' 'appellate Jurisdiction' 'security for Costs' 'restriction on Further Filing']
['practice and Procedure'] ['incompetent Appeal' 'appellate Jurisdiction' 'security for Costs' 'restriction on Further Filing']

Case Brief

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Procedural Posture

Purported Appeal From a Decision of a Single Judge of the Federal Court Exercising Appellate Jurisdiction / Full Court Determination of Competence of the Purported Appeal

Legal Issues

  1. 1 ["Whether the purported appeal from Hely J's refusal of leave to appeal from Madgwick J's interlocutory security for costs order was competent." "Whether any further proceeding by the appellant in the matter should be accepted for filing without a Judge's direction."]

Ratio Decidendi

The appellate jurisdiction of the Court had already been exercised by Hely J when he refused leave to appeal from Madgwick J's security for costs order, so the further purported appeal to the Full Court was incompetent and had to be dismissed with costs.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed with costs.' 'Any further proceeding by the appellant in the matter not be accepted for filing unless a Judge directs an officer of the Court to accept the document.']