Spain v Commonwealth of Australia [2011] FCA 658

Spain v Commonwealth of Australia [2011] FCA 658

The application for an extension of time was refused because Mr Spain's claim against the Commonwealth had no prospects of success; the facts showed no acquisition of property by the Commonwealth under the Banking Act 1959 (Cth), and Mr Spain lacked standing. There was no arguable error in the primary judgment, and no sufficient grounds to grant leave to appeal or an extension of time.

Jurisdiction
Australia
Judgment Date
09 June 2011
Procedural Posture
Motion for Extension of Time to File Application for Leave to Appeal / Judgment
Outcome
Application for an extension of time refused with costs.
Legal Topics
['extension of Time' 'leave to Appeal From Interlocutory Judgment']
['practice and Procedure'] ['extension of Time' 'leave to Appeal From Interlocutory Judgment']

Case Brief

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Procedural Posture

Motion for Extension of Time to File Application for Leave to Appeal / Judgment

Legal Issues

  1. 1 ['Whether grounds exist to grant an extension of time to apply for leave to appeal from an interlocutory judgment' 'Whether the application has sufficient prospects of success to justify grant of leave']

Ratio Decidendi

The application for an extension of time was refused because Mr Spain's claim against the Commonwealth had no prospects of success; the facts showed no acquisition of property by the Commonwealth under the Banking Act 1959 (Cth), and Mr Spain lacked standing. There was no arguable error in the primary judgment, and no sufficient grounds to grant leave to appeal or an extension of time.

Court Disposition

Application for an extension of time refused with costs.

Orders

  • ['The application for an extension of time to file and serve an application for leave to appeal is refused.' 'The applicant is to pay the costs of the respondent, to be taxed or agreed.']