Dai v Telecommunications Industry Ombudsman [2000] FCA 717

Dai v Telecommunications Industry Ombudsman [2000] FCA 717

The orders dismissing the application did not finally determine the rights of the parties and were interlocutory. Leave to appeal was required, but not justified as no reasonably arguable cause of action or basis for jurisdiction was disclosed.

Parties
Appellant: Dai Rong-Hua; First Respondent: Telecommunications Industry Ombudsman; Second Respondent: RSL Com Personal Communications
Jurisdiction
Australia
Judgment Date
06 June 2000
Procedural Posture
Appeal / Application for Summary Dismissal of Appeal and Leave to Appeal
Outcome
Appeal dismissed as incompetent; leave to appeal refused with costs.
Legal Topics
Competency of Appeal, Distinction Between Interlocutory and Final Orders, Leave to Appeal, Summary Dismissal
Civil Procedure Competency of Appeal Distinction Between Interlocutory and Final Orders Leave to Appeal Summary Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Dai Rong-Hua

Appellant

Telecommunications Industry Ombudsman

First Respondent

RSL Com Personal Communications

Second Respondent

Procedural Posture

Appeal / Application for Summary Dismissal of Appeal and Leave to Appeal

Legal Issues

  1. 1 Whether the orders under appeal were interlocutory or final
  2. 2 Whether leave to appeal is required and should be granted

Ratio Decidendi

The orders dismissing the application did not finally determine the rights of the parties and were interlocutory. Leave to appeal was required, but not justified as no reasonably arguable cause of action or basis for jurisdiction was disclosed.

Court Disposition

Appeal dismissed as incompetent; leave to appeal refused with costs.

Orders

  • Objection to competency is upheld, with costs.
  • Leave to appeal be refused, with costs.