McKinnon v Commonwealth Bank of Australia [2006] FCAFC 10

McKinnon v Commonwealth Bank of Australia [2006] FCAFC 10

Because Gray J was a single judge of the Federal Court exercising appellate jurisdiction in an appeal from the Federal Magistrates Court, s 24(1AAA) of the Federal Court of Australia Act 1976 (Cth) expressly prohibited any further appeal to the Federal Court. The Full Court therefore had no jurisdiction to hear the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 February 2006
Procedural Posture
Practice and Procedure; Appeal to a Full Court From a Judgment of a Single Judge Exercising Appellate Jurisdiction / Respondent's Notice of Motion to Dismiss the Appeal as Incompetent
Outcome
Appeal dismissed as incompetent.
Legal Topics
['competency of Appeal' 'appeal From Federal Magistrates Court' 'bankruptcy Notice' 'federal Court Appellate Jurisdiction']
['practice and Procedure' 'appellate Jurisdiction' 'bankruptcy'] ['competency of Appeal' 'appeal From Federal Magistrates Court' 'bankruptcy Notice' 'federal Court Appellate Jurisdiction']

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Procedural Posture

Practice and Procedure; Appeal to a Full Court From a Judgment of a Single Judge Exercising Appellate Jurisdiction / Respondent's Notice of Motion to Dismiss the Appeal as Incompetent

Legal Issues

  1. 1 ['Whether an appeal may be brought to a Full Court from a judgment of the Federal Court constituted by a single judge exercising appellate jurisdiction in an appeal from the Federal Magistrates Court.' "Whether the appellants' attempted appeal from Gray J's orders was incompetent under s 24(1AAA) of the Federal Court of Australia Act 1976 (Cth)."]

Ratio Decidendi

Because Gray J was a single judge of the Federal Court exercising appellate jurisdiction in an appeal from the Federal Magistrates Court, s 24(1AAA) of the Federal Court of Australia Act 1976 (Cth) expressly prohibited any further appeal to the Federal Court. The Full Court therefore had no jurisdiction to hear the appellants' attempted appeal, which had to be dismissed as incompetent.

Court Disposition

Appeal dismissed as incompetent.

Orders

  • ['The appeal be dismissed as incompetent.' "The appellants pay the respondent's costs of the appeal and of the Notice of Motion."]