Croker v Deputy Registrar of the High Court [2002] FCA 1260

Croker v Deputy Registrar of the High Court [2002] FCA 1260

The application for leave to appeal was dismissed because the applicant had still not demonstrated any need to pursue the proposed appeal, although the operation of the dismissal order was suspended to 31 October 2002 in light of his medical condition and liberty was reserved to apply to vary or discharge the order.

Jurisdiction
Australia
Judgment Date
04 October 2002
Procedural Posture
Application for Leave to Appeal / On Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed, with operation of the dismissal suspended up to and including 31 October 2002 and liberty reserved to apply to vary or discharge the order by that date.
Legal Topics
['leave to Appeal' 'photocopying Fees' 'adjournment Request for Medical Reasons']
['practice and Procedure'] ['leave to Appeal' 'photocopying Fees' 'adjournment Request for Medical Reasons']

Case Brief

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Procedural Posture

Application for Leave to Appeal / On Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether leave to appeal should be granted.' 'Whether the applicant had demonstrated a need to pursue the proposed appeal concerning photocopying material held in the registry.' "Whether the proceeding should be adjourned or final disposition deferred because of the applicant's medical condition."]

Ratio Decidendi

The application for leave to appeal was dismissed because the applicant had still not demonstrated any need to pursue the proposed appeal, although the operation of the dismissal order was suspended to 31 October 2002 in light of his medical condition and liberty was reserved to apply to vary or discharge the order.

Court Disposition

Application for leave to appeal dismissed, with operation of the dismissal suspended up to and including 31 October 2002 and liberty reserved to apply to vary or discharge the order by that date.

Orders

  • ['The application for leave to appeal be dismissed.' 'The operation of order 1 be suspended up to and including 31 October 2002.' 'Liberty be reserved to the applicant to apply on or before 31 October 2002 to vary or discharge order 1.']