Ward v Repatriation Commission [2004] FCA 1163

Ward v Repatriation Commission [2004] FCA 1163

Although the applicant's medical condition and the short delay might otherwise have supported leave, the proposed appeal was doomed to fail because the issue he sought to raise concerned a 14 March 1996 Tribunal decision about the pension commencement date, not the 9 May 2003 Tribunal decision from which the proceeding before the primary judge arose; therefore no special reasons were shown for leave to appeal out of time.

Jurisdiction
Australia
Judgment Date
02 September 2004
Procedural Posture
Application for Leave to Appeal / Application Under O 52 R 15(2) of the Federal Court Rules for Leave to File and Serve a Notice of Appeal Out of Time
Outcome
The application for leave to appeal was dismissed, with no order as to costs.
Legal Topics
['leave to Appeal' 'extension of Time' 'special Reasons' 'prospects of Success' "veterans' Entitlements Act 1986 (cth) Benefits"]
['practice and Procedure' "veterans' Entitlements"] ['leave to Appeal' 'extension of Time' 'special Reasons' 'prospects of Success' "veterans' Entitlements Act 1986 (cth) Benefits"]

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 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal / Application Under O 52 R 15(2) of the Federal Court Rules for Leave to File and Serve a Notice of Appeal Out of Time

Legal Issues

  1. 1 ['Whether special reasons existed under O 52 r 15(2) to grant leave to file and serve a notice of appeal out of time.' 'Whether the proposed appeal had any prospects of success.']

Ratio Decidendi

Although the applicant's medical condition and the short delay might otherwise have supported leave, the proposed appeal was doomed to fail because the issue he sought to raise concerned a 14 March 1996 Tribunal decision about the pension commencement date, not the 9 May 2003 Tribunal decision from which the proceeding before the primary judge arose; therefore no special reasons were shown for leave to appeal out of time.

Court Disposition

The application for leave to appeal was dismissed, with no order as to costs.

Orders

  • ['The application for leave to appeal be dismissed.' 'There will be no order as to costs.']