Godla v Commissioner of Police, New South Wales Police Force [2021] FCA 1545

Godla v Commissioner of Police, New South Wales Police Force [2021] FCA 1545

The proposed appeal had no reasonable prospects of success as the Federal Court lacked jurisdiction to grant the substantive relief sought, the grounds of appeal did not identify appealable error, and the relevant events had passed such that the issues lacked practical significance. Consequently, it was not in the interests of justice to grant an extension of time.

Jurisdiction
Australia
Judgment Date
13 December 2021
Procedural Posture
Application for Extension of Time to Appeal / Determination of Application for Extension of Time
Outcome
Application for extension of time to appeal dismissed with costs
Legal Topics
['extension of Time to Appeal' 'judicial Review' 'jurisdiction' 'child Protection Register' 'passport Cancellation']
['administrative Law'] ['extension of Time to Appeal' 'judicial Review' 'jurisdiction' 'child Protection Register' 'passport Cancellation']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Determination of Application for Extension of Time

Legal Issues

  1. 1 ['Whether an extension of time to appeal should be granted' 'Whether proposed grounds of appeal are reasonably arguable' 'Whether Federal Court has jurisdiction to grant relief sought by applicant' 'Effect of passage of time on live issues in appeal']

Ratio Decidendi

The proposed appeal had no reasonable prospects of success as the Federal Court lacked jurisdiction to grant the substantive relief sought, the grounds of appeal did not identify appealable error, and the relevant events had passed such that the issues lacked practical significance. Consequently, it was not in the interests of justice to grant an extension of time.

Court Disposition

Application for extension of time to appeal dismissed with costs

Orders

  • ['The application for an extension of time within which to appeal filed on 11 August 2020 be dismissed.' "The applicant pay the respondents' costs as agreed or assessed."]