Siddiqui v Karl Thomas and M Irfan Pty Ltd trading as Mowbray Physiotherapy Services [2024] FCA 389

Siddiqui v Karl Thomas and M Irfan Pty Ltd trading as Mowbray Physiotherapy Services [2024] FCA 389

The application for an extension of time was refused because it was brought for an improper purpose, amounting to an abuse of process. The clear intent of the proposed cross-appeal was not to resolve genuine disputes but to deter litigants and serve personal or broader interests unrelated to the present case.

Parties
Appellant: Fatima Shoaib Siddiqui; First Respondent: Karl Thomas & M Irfan Pty Ltd trading as Mowbray Physiotherapy; Second Respondent: Muhammad Irfan
Jurisdiction
Australia
Judgment Date
19 April 2024
Procedural Posture
Appeal / Interlocutory Application for Extension of Time for Cross Appeal and Stay of Execution
Outcome
Applications dismissed
Legal Topics
Extension of Time, Abuse of Process, Stay of Execution, Fair Work Act 2009 (cth)
Practice and Procedure Employment Law Extension of Time Abuse of Process Stay of Execution Fair Work Act 2009 (cth)

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Parties

Fatima Shoaib Siddiqui

Appellant

Karl Thomas & M Irfan Pty Ltd trading as Mowbray Physiotherapy

First Respondent

Muhammad Irfan

Second Respondent

Procedural Posture

Appeal / Interlocutory Application for Extension of Time for Cross Appeal and Stay of Execution

Legal Issues

  1. 1 Whether to grant an extension of time for respondents to file a cross-appeal
  2. 2 Whether there was an abuse of process or improper purpose in seeking the extension
  3. 3 Whether to grant a stay of execution of the FCFCOA orders

Ratio Decidendi

The application for an extension of time was refused because it was brought for an improper purpose, amounting to an abuse of process. The clear intent of the proposed cross-appeal was not to resolve genuine disputes but to deter litigants and serve personal or broader interests unrelated to the present case.

Court Disposition

Applications dismissed

Orders

  • The respondents' application for an extension of time to file a cross-appeal is dismissed.
  • The respondents' application for a stay of execution of the orders made in proceeding LNG 68 of 2021 is dismissed.