Nyoni v Chee Koon Hee (No 2) [2014] FCA 83

Nyoni v Chee Koon Hee (No 2) [2014] FCA 83

Applicant failed to establish any arguable error in the primary judgment, presented no admissible evidence or coherent grounds for appeal or extension of time, and the applications for interlocutory injunction and leave to appeal were wholly unsupported in both law and fact. The Court also lacked jurisdiction to grant the requested injunction, and awarded costs to respondents.

Parties
Applicant: Emson Nyoni; First Respondent: Chee Koon Hee; Second Respondent: Devesh Sheth; Third Respondent: Frank Peczka; Fourth Respondent: Darren Friend; Fifth Respondent: Raymond Griffiths; Sixth Respondent: Andrew Van Ballegooyen; Seventh Respondent: CK Chee Pty Ltd; Eighth Respondent: Alleasing Pty Ltd; Ninth Respondent: Chief Executive Officer of Health WA; Tenth Respondent: Jillian Murphy; Eleventh Respondent: Shire of Kellerberrin; Twelfth Respondent: Theresa Beech
Jurisdiction
Australia
Judgment Date
18 February 2014
Procedural Posture
Interlocutory Application for Extension of Time, Leave to Appeal, and Injunction / Judgment on Applications
Outcome
applications dismissed and costs awarded to respondents
Legal Topics
Extension of Time, Leave to Appeal, Injunction, Costs, Summary Judgment, Conspiracy, Misleading and Deceptive Conduct, Defamation, Misfeasance in Public Office, Unconscionable Conduct
Practice and Procedure Contracts Consumer Law Defamation Torts Extension of Time Leave to Appeal Injunction +6 more

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Parties

Emson Nyoni

Applicant

Chee Koon Hee

First Respondent

Devesh Sheth

Second Respondent

Frank Peczka

Third Respondent

Darren Friend

Fourth Respondent

Raymond Griffiths

Fifth Respondent

Andrew Van Ballegooyen

Sixth Respondent

CK Chee Pty Ltd

Seventh Respondent

Alleasing Pty Ltd

Eighth Respondent

Chief Executive Officer of Health WA

Ninth Respondent

Jillian Murphy

Tenth Respondent

Shire of Kellerberrin

Eleventh Respondent

Theresa Beech

Twelfth Respondent

Procedural Posture

Interlocutory Application for Extension of Time, Leave to Appeal, and Injunction / Judgment on Applications

Legal Issues

  1. 1 Whether applicant should be granted an extension of time to apply for leave to appeal
  2. 2 Whether leave to appeal should be granted
  3. 3 Whether injunction restraining proceedings in Supreme Court of Western Australia should be granted

Ratio Decidendi

Applicant failed to establish any arguable error in the primary judgment, presented no admissible evidence or coherent grounds for appeal or extension of time, and the applications for interlocutory injunction and leave to appeal were wholly unsupported in both law and fact. The Court also lacked jurisdiction to grant the requested injunction, and awarded costs to respondents.

Court Disposition

applications dismissed and costs awarded to respondents

Orders

  • The applicant's application for an extension of time for leave to appeal is dismissed.
  • The applicant's application for leave to appeal is dismissed.