Seidler v University of New South Wales [2011] FCA 1321

Seidler v University of New South Wales [2011] FCA 1321

The applicant failed to provide a sufficient explanation for delay and failed to show that the Federal Magistrate's decision was attended by sufficient doubt to warrant reconsideration; additionally, the repeated litigation was found to be an abuse of process. Thus, leave to appeal and extension of time were refused and the application was dismissed with costs.

Parties
Applicant: Kathryn Seidler; First Respondent: University of New South Wales; Second Respondent: Australian Graduate School of Management
Jurisdiction
Australia
Judgment Date
18 November 2011
Procedural Posture
Application for Extension of Time and Leave to Appeal / Application for Extension of Time and Leave to Appeal From Federal Magistrates Court Judgment
Outcome
Application dismissed with costs.
Legal Topics
Extension of Time to Appeal, Leave to Appeal, Abuse of Process, Disability Discrimination, Settlement Agreements, Res Judicata
Practice and Procedure Extension of Time to Appeal Leave to Appeal Abuse of Process Disability Discrimination Settlement Agreements Res Judicata

Case Brief

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Parties

Kathryn Seidler

Applicant

University of New South Wales

First Respondent

Australian Graduate School of Management

Second Respondent

Procedural Posture

Application for Extension of Time and Leave to Appeal / Application for Extension of Time and Leave to Appeal From Federal Magistrates Court Judgment

Legal Issues

  1. 1 Whether the applicant provided a satisfactory explanation for delay in seeking leave to appeal
  2. 2 Whether sufficient doubt attended the Federal Magistrate's decision to warrant reconsideration
  3. 3 Whether extension of time and leave to appeal should be granted

Ratio Decidendi

The applicant failed to provide a sufficient explanation for delay and failed to show that the Federal Magistrate's decision was attended by sufficient doubt to warrant reconsideration; additionally, the repeated litigation was found to be an abuse of process. Thus, leave to appeal and extension of time were refused and the application was dismissed with costs.

Court Disposition

Application dismissed with costs.

Orders

  • The application be dismissed with costs.