Töben v Jones [2009] FCA 585

Töben v Jones [2009] FCA 585

Extension of time granted because, despite the weakness of the grounds of appeal, without hearing submissions as would be on appeal, the Court cannot conclude that the proposed appeal has no prospect of success, and other relevant factors favour granting extension.

Parties
Applicant: Gerald Fredrick Töben; Respondent: Jeremy Jones
Jurisdiction
Australia
Judgment Date
02 June 2009
Procedural Posture
Application for Extension of Time to Appeal / Judgment on Application for Extension of Time
Outcome
extension of time granted
Legal Topics
Extension of Time, Contempt of Court, Appeal
Practice and Procedure Extension of Time Contempt of Court Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Gerald Fredrick Töben

Applicant

Jeremy Jones

Respondent

Procedural Posture

Application for Extension of Time to Appeal / Judgment on Application for Extension of Time

Legal Issues

  1. 1 Whether an extension of time within which to file and serve notice of appeal should be granted
  2. 2 Whether the proposed appeal has any prospect of success

Ratio Decidendi

Extension of time granted because, despite the weakness of the grounds of appeal, without hearing submissions as would be on appeal, the Court cannot conclude that the proposed appeal has no prospect of success, and other relevant factors favour granting extension.

Court Disposition

extension of time granted

Orders

  • The time within which the applicant may file and serve a notice of appeal appealing against the declaration made by Lander J on 16 April 2009 and containing the 25 grounds of appeal identified in exhibit 'GFT-B' to the applicant's affidavit sworn on 20 May 2009 be extended to 9 June 2009.