von Reisner v Commonwealth of Australia [2008] FCA 1108

von Reisner v Commonwealth of Australia [2008] FCA 1108

Leave to appeal from the interlocutory order restricting the applicant's access to court was granted due to the potential for substantial injustice and doubts regarding the procedure, but the substantive application was dismissed because none of the applicant's claims provided a sufficient basis for Federal Court jurisdiction.

Jurisdiction
Australia
Judgment Date
31 July 2008
Procedural Posture
Application for Extension of Time/leave to Appeal / Judgment (following Application and Orders)
Outcome
Application dismissed (except where previously dealt with); leave to appeal certain interlocutory order granted.
Legal Topics
['extension of Time for Appeal' 'leave to Appeal' 'jurisdiction of Federal Court' 'interlocutory Orders']
['civil Procedure'] ['extension of Time for Appeal' 'leave to Appeal' 'jurisdiction of Federal Court' 'interlocutory Orders']

Case Brief

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Procedural Posture

Application for Extension of Time/leave to Appeal / Judgment (following Application and Orders)

Legal Issues

  1. 1 ['Whether leave should be granted to appeal interlocutory orders restricting access to court' "Whether the Federal Court has jurisdiction over the applicant's claims based on various statutes, codes, and treaties" 'Whether an extension of time to appeal substantive orders should be granted']

Ratio Decidendi

Leave to appeal from the interlocutory order restricting the applicant's access to court was granted due to the potential for substantial injustice and doubts regarding the procedure, but the substantive application was dismissed because none of the applicant's claims provided a sufficient basis for Federal Court jurisdiction.

Court Disposition

Application dismissed (except where previously dealt with); leave to appeal certain interlocutory order granted.

Orders

  • ['On 17 June 2008, leave to appeal order 2 of orders in NSD 1540/2007 (31 March 2008) granted; time for appeal fixed; application stood over for possible re-listing; liberty to apply; costs reserved.' 'On 18 July 2008, application (except as previously dealt with) dismissed; no order as to costs.']