Li v Leng [2014] FCA 450

Li v Leng [2014] FCA 450

Application for extension of time was dismissed as explanation for delay was insufficient and proposed grounds of appeal lacked sufficient merit, particularly on the key factual finding that applicant was not an author of the publication under the Copyright Act.

Jurisdiction
Australia
Judgment Date
30 April 2014
Procedural Posture
Application for Extension of Time to Appeal / Judgment on Application
Outcome
Application dismissed
Legal Topics
['copyright Moral Rights' 'attribution of Authorship' 'false Attribution' 'integrity of Authorship' 'right to Privacy' 'extension of Time for Appeal']
['intellectual Property' 'privacy Law' 'civil Procedure'] ['copyright Moral Rights' 'attribution of Authorship' 'false Attribution' 'integrity of Authorship' 'right to Privacy' 'extension of Time for Appeal']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Judgment on Application

Legal Issues

  1. 1 ['Whether delay in filing notice of appeal should be excused' 'Whether proposed grounds of appeal have sufficient merit' 'Whether applicant was an author for moral rights purposes' "Whether use/disclosure of applicant's personal information breached the Privacy Act"]

Ratio Decidendi

Application for extension of time was dismissed as explanation for delay was insufficient and proposed grounds of appeal lacked sufficient merit, particularly on the key factual finding that applicant was not an author of the publication under the Copyright Act.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.' "The applicant pay the respondent's costs of the application on a party-and-party basis."]