Davey v Council of the Law Society of the ACT [2019] FCA 263

Davey v Council of the Law Society of the ACT [2019] FCA 263

The application for extension of time and leave to appeal was refused as the primary judge's decision was interlocutory, summary dismissal was proper for abuse of process, the grounds of appeal lacked sufficient merit, and the delay and prejudice factors did not justify granting the application.

Parties
Appellant: John Patrick Davey; First Respondent: Council of the Law Society of the ACT; Second Respondent: ACT Civil and Administrative Tribunal; Intervener: Attorney-General of the Australian Capital Territory
Jurisdiction
Australia
Judgment Date
05 March 2019
Procedural Posture
Appeal / Application for Extension of Time and Leave to Appeal Interlocutory Decision
Outcome
Application for extension of time and leave to appeal dismissed
Legal Topics
Abuse of Process, Interlocutory Appeals, Summary Dismissal, Extension of Time, Estoppel, Disciplinary Proceedings, Jurisdiction
Administrative Law Constitutional Law Human Rights Practice and Procedure Abuse of Process Interlocutory Appeals Summary Dismissal Extension of Time +3 more

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Parties

John Patrick Davey

Appellant

Council of the Law Society of the ACT

First Respondent

ACT Civil and Administrative Tribunal

Second Respondent

Attorney-General of the Australian Capital Territory

Intervener

Procedural Posture

Appeal / Application for Extension of Time and Leave to Appeal Interlocutory Decision

Legal Issues

  1. 1 Whether the summary dismissal for abuse of process was interlocutory
  2. 2 Whether leave to appeal was required
  3. 3 Whether an extension of time to seek leave to appeal should be granted

Ratio Decidendi

The application for extension of time and leave to appeal was refused as the primary judge's decision was interlocutory, summary dismissal was proper for abuse of process, the grounds of appeal lacked sufficient merit, and the delay and prejudice factors did not justify granting the application.

Court Disposition

Application for extension of time and leave to appeal dismissed

Orders

  • Any provision of the Federal Court Rules 2011 (Cth) preventing oral application for extension of time dispensed with.
  • The application be dismissed.