Winn v Leigh [2016] FCA 319

Winn v Leigh [2016] FCA 319

The application for extension of time and leave to appeal is dismissed for abuse of process, as it sought to relitigate a matter already determined by the court. Costs are awarded against Ms Winn on the standard basis, not on an indemnity basis, as circumstances did not justify indemnity costs.

Parties
Applicant: Julene Winn; Respondent: David John Leigh
Jurisdiction
Australia
Judgment Date
01 April 2016
Procedural Posture
Interlocutory Application / Application for Extension of Time and Leave to Appeal, Determination of Discontinuance and Costs
Outcome
Application dismissed for abuse of process
Legal Topics
Extension of Time, Leave to Appeal, Discontinuance, Costs, Abuse of Process
Practice and Procedure Commercial and Corporations General and Personal Insolvency Extension of Time Leave to Appeal Discontinuance Costs Abuse of Process

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Parties

Julene Winn

Applicant

David John Leigh

Respondent

Procedural Posture

Interlocutory Application / Application for Extension of Time and Leave to Appeal, Determination of Discontinuance and Costs

Legal Issues

  1. 1 Whether leave should be granted to discontinue the application for extension of time and leave to appeal
  2. 2 Whether the application should be dismissed as an abuse of process
  3. 3 Proper order as to costs

Ratio Decidendi

The application for extension of time and leave to appeal is dismissed for abuse of process, as it sought to relitigate a matter already determined by the court. Costs are awarded against Ms Winn on the standard basis, not on an indemnity basis, as circumstances did not justify indemnity costs.

Court Disposition

Application dismissed for abuse of process

Orders

  • The application for extension of time and leave to appeal filed on 2 December 2015 be dismissed.
  • Ms Winn pay the costs of the respondent of and incidental to the proceeding, to be taxed if not otherwise agreed.