Ugur v NSW Police Service [2005] FCA 48

Ugur v NSW Police Service [2005] FCA 48

The application was dismissed because, even allowing for the applicant's language difficulties and detention, there was no material suggesting that his racial discrimination complaint had any prospect of success, and therefore no prospect that an appeal from Hely J's orders would succeed.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
20 January 2005
Procedural Posture
Application for an Extension of Time Within Which to Seek Leave to Appeal / Application Filed on 8 December 2004 Dismissed
Outcome
Application dismissed
Legal Topics
['extension of Time' 'leave to Appeal' 'racial Discrimination Complaint' 'dismissal for Non Compliance With Directions']
['federal Court Procedure' 'human Rights and Discrimination'] ['extension of Time' 'leave to Appeal' 'racial Discrimination Complaint' 'dismissal for Non Compliance With Directions']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Application for an Extension of Time Within Which to Seek Leave to Appeal / Application Filed on 8 December 2004 Dismissed

Legal Issues

  1. 1 ['Whether time should be extended for the applicant to seek leave to appeal from orders made by Hely J on 6 August 2004 dismissing his application for an extension of time.' "Whether there was any material suggesting that the applicant's complaint under the Racial Discrimination Act 1975 (Cth) had any prospect of success." 'Whether alleged police impropriety, if assumed, was because of race, colour, descent or national or ethnic origin.']

Ratio Decidendi

The application was dismissed because, even allowing for the applicant's language difficulties and detention, there was no material suggesting that his racial discrimination complaint had any prospect of success, and therefore no prospect that an appeal from Hely J's orders would succeed.

Court Disposition

Application dismissed

Orders

  • ['The application of 8 December 2004 be dismissed']