Fuller, Donald v Minister for Primary Industries & Energy & Anor [1997] FCA 1480

Fuller, Donald v Minister for Primary Industries & Energy & Anor [1997] FCA 1480

The Court could not distinguish Hall v The Nominal Defendant and Barrett v Minister for Immigration, Local Government and Ethnic Affairs, and held that the purported appeal as of right was not competent because the decision appealed from was interlocutory in nature.

Jurisdiction
Australia
Judgment Date
15 October 1997
Procedural Posture
Appeal Concerning Administrative Decisions (judicial Review) Act 1977 Proceedings / Objection to Competency of Appeal
Outcome
Objection to competency upheld; appeal held not competent.
Legal Topics
['competency of Appeal' 'interlocutory Decision' 'extension of Time to Bring Proceedings Under the Administrative Decisions (judicial Review) Act 1977' 'leave to Appeal']
['administrative Law' 'appellate Procedure'] ['competency of Appeal' 'interlocutory Decision' 'extension of Time to Bring Proceedings Under the Administrative Decisions (judicial Review) Act 1977' 'leave to Appeal']

Case Brief

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Procedural Posture

Appeal Concerning Administrative Decisions (judicial Review) Act 1977 Proceedings / Objection to Competency of Appeal

Legal Issues

  1. 1 ['Whether an appeal as of right was competent where the decision appealed from was a decision on an application for an extension of time to bring proceedings under the Administrative Decisions (Judicial Review) Act 1977.' 'Whether the decision was interlocutory in nature.']

Ratio Decidendi

The Court could not distinguish Hall v The Nominal Defendant and Barrett v Minister for Immigration, Local Government and Ethnic Affairs, and held that the purported appeal as of right was not competent because the decision appealed from was interlocutory in nature.

Court Disposition

Objection to competency upheld; appeal held not competent.

Orders

  • ['The objection to competency be upheld.' 'There be no order as to the costs of the motion for dismissal of the appeal as incompetent.']