Dunstan v Human Rights and Equal Opportunity Commission [2007] FCA 191

Dunstan v Human Rights and Equal Opportunity Commission [2007] FCA 191

The amended notice of appeal did not comply with the Rules of Court in relation to form and substance, and as such, is struck out and proceedings dismissed.

Parties
Appellant: Colin George Dunstan; First Respondent: Human Rights and Equal Opportunity Commission; Second Respondent: Henry Price; Third Respondent: Donald Bartley; Fourth Respondent: John Growder; Fifth Respondent: Geoffrey Seymour; Sixth Respondent: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
09 February 2007
Procedural Posture
Appeal / Striking Out of Amended Notice of Appeal and Dismissal
Outcome
amended notice of appeal struck out; proceedings dismissed; costs ordered against appellant
Legal Topics
Appeal Procedure, Notice of Appeal, Self Represented Litigant, Costs
Civil Procedure Appeal Procedure Notice of Appeal Self Represented Litigant Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Colin George Dunstan

Appellant

Human Rights and Equal Opportunity Commission

First Respondent

Henry Price

Second Respondent

Donald Bartley

Third Respondent

John Growder

Fourth Respondent

Geoffrey Seymour

Fifth Respondent

Commonwealth of Australia

Sixth Respondent

Procedural Posture

Appeal / Striking Out of Amended Notice of Appeal and Dismissal

Legal Issues

  1. 1 Whether the amended notice of appeal complied with the Rules of Court
  2. 2 Whether the proceedings should be dismissed for failure to comply with procedural requirements

Ratio Decidendi

The amended notice of appeal did not comply with the Rules of Court in relation to form and substance, and as such, is struck out and proceedings dismissed.

Court Disposition

amended notice of appeal struck out; proceedings dismissed; costs ordered against appellant

Orders

  • The amended notice of appeal be struck out.
  • The proceedings be dismissed.