Ogawa v Australian Information Commissioner [2022] FCA 1514

Ogawa v Australian Information Commissioner [2022] FCA 1514

The applicant's prospects of obtaining leave to appeal were assessed as not particularly good; the appeal would not be rendered nugatory by refusal of the stay as any error can be remedied if leave and appeal are later granted; no prejudice was identified that would warrant a stay; the grounds of appeal lacked specificity and did not disclose legal error.

Parties
Applicant: Dr Megumi Ogawa; First Respondent: Australian Information Commissioner; Second Respondent: Department of Home Affairs
Jurisdiction
Australia
Judgment Date
08 December 2022
Procedural Posture
Application for Leave to Appeal and Stay / Interlocutory Application – Application for Stay Pending Leave to Appeal
Outcome
Application for a stay dismissed; costs reserved
Legal Topics
Application for Leave to Appeal, Application for Stay, Apprehended Bias, Adjournment
Practice and Procedure Application for Leave to Appeal Application for Stay Apprehended Bias Adjournment

Case Brief

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Parties

Dr Megumi Ogawa

Applicant

Australian Information Commissioner

First Respondent

Department of Home Affairs

Second Respondent

Procedural Posture

Application for Leave to Appeal and Stay / Interlocutory Application – Application for Stay Pending Leave to Appeal

Legal Issues

  1. 1 Whether there is an arguable case to grant leave to appeal on the grounds of apprehended bias and alleged errors by the primary judge
  2. 2 Whether a stay of proceedings and primary judge's orders should be granted pending appeal

Ratio Decidendi

The applicant's prospects of obtaining leave to appeal were assessed as not particularly good; the appeal would not be rendered nugatory by refusal of the stay as any error can be remedied if leave and appeal are later granted; no prejudice was identified that would warrant a stay; the grounds of appeal lacked specificity and did not disclose legal error.

Court Disposition

Application for a stay dismissed; costs reserved

Orders

  • The applicant's application for a stay of proceedings in QUD 387 of 2021 and of the Court's orders made on 15 November 2022 is dismissed.
  • The costs of today's hearing are reserved.