Findley v MSS Security Pty Ltd [2020] FCA 952

Findley v MSS Security Pty Ltd [2020] FCA 952

The application for an extension of time in which to seek leave to appeal was refused because the proposed grounds of appeal had insufficient prospects of success and the claimed underpayment had been repaid, rendering any appeal practically inutile.

Parties
Applicant: Joshua Findley; First Respondent: MSS Security Pty Ltd; Second Respondent: Margaret Stinson; Third Respondent: Matthew Luddington
Jurisdiction
Australia
Judgment Date
06 August 2020
Procedural Posture
Application for Extension of Time to Seek Leave to Appeal / Determination on the Papers
Outcome
Application dismissed with costs
Legal Topics
Practice and Procedure, Abuse of Process, Leave to Appeal, Extension of Time, General Protections, Underpayment, Vexatious Litigation
Employment Law Practice and Procedure Abuse of Process Leave to Appeal Extension of Time General Protections Underpayment Vexatious Litigation

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 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Joshua Findley

Applicant

MSS Security Pty Ltd

First Respondent

Margaret Stinson

Second Respondent

Matthew Luddington

Third Respondent

Procedural Posture

Application for Extension of Time to Seek Leave to Appeal / Determination on the Papers

Legal Issues

  1. 1 Whether an extension of time to seek leave to appeal from decision of Federal Circuit Court should be granted
  2. 2 Whether proposed appeal grounds have sufficient prospects of success
  3. 3 Whether the application before the Circuit Court was an abuse of process

Ratio Decidendi

The application for an extension of time in which to seek leave to appeal was refused because the proposed grounds of appeal had insufficient prospects of success and the claimed underpayment had been repaid, rendering any appeal practically inutile.

Court Disposition

Application dismissed with costs

Orders

  • The application for extension of time in which to seek leave to appeal is dismissed.
  • The applicant pay the first respondent's costs of and incidental to the application to be agreed and in default of agreement assessed.