Bride v Shire of Katanning [2016] FCA 672

Bride v Shire of Katanning [2016] FCA 672

The applicant's proposed grounds of appeal did not address the bases on which the primary judge dismissed the originating application. There was no challenge to the actual findings regarding trade or commerce, jurisdiction, or the application of the ACL. Accordingly, there was no prospect of obtaining leave to appeal and the application for extension of time was dismissed.

Jurisdiction
Australia
Judgment Date
26 May 2016
Procedural Posture
Application for Extension of Time for Leave to Appeal / Decision on Application for Extension of Time
Outcome
Application dismissed
Legal Topics
['extension of Time' 'leave to Appeal' 'summary Dismissal' 'jurisdiction' 'misleading or Deceptive Conduct' 'unconscionable Conduct']
['civil Procedure' 'commercial Law' 'consumer Protection'] ['extension of Time' 'leave to Appeal' 'summary Dismissal' 'jurisdiction' 'misleading or Deceptive Conduct' 'unconscionable Conduct']

Case Brief

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Procedural Posture

Application for Extension of Time for Leave to Appeal / Decision on Application for Extension of Time

Legal Issues

  1. 1 ['Whether applicant should be granted an extension of time for leave to appeal' 'Whether proposed grounds of appeal address the grounds for dismissal by the primary judge' 'Whether the original claims constituted an impermissible re-agitation of matters already determined' 'Jurisdiction of the court over claims against a partnership under the Australian Consumer Law']

Ratio Decidendi

The applicant's proposed grounds of appeal did not address the bases on which the primary judge dismissed the originating application. There was no challenge to the actual findings regarding trade or commerce, jurisdiction, or the application of the ACL. Accordingly, there was no prospect of obtaining leave to appeal and the application for extension of time was dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application for extension of time for leave to appeal is dismissed.' 'The applicant is to pay the costs of the two respondents on an indemnity basis.']