Shockthorap v Electricity Network Corporation [2019] FCA 619

Shockthorap v Electricity Network Corporation [2019] FCA 619

There was sufficient doubt as to whether a binding agreement was formed on 18 March 2014 and as to whether Western Power was aware of or present when the Commissioner gave the incorrect 14-day advice, creating a real question warranting reconsideration on appeal. Substantial injustice would occur if leave to appeal were denied; however, the evidence did not support a reasonable prospect of success on abandonment of the agreement, and leave was not granted on that issue.

Jurisdiction
Australia
Judgment Date
06 May 2019
Procedural Posture
Application for Extension of Time and Leave to Appeal / Interlocutory (application for Extension of Time and Leave to Appeal From Summary Dismissal)
Outcome
Extension of time granted; leave to appeal granted in part (not extending to abandonment argument)
Legal Topics
['practice and Procedure' 'extension of Time' 'leave to Appeal' 'summary Dismissal' 'settlement Agreements' 'general Protections Applications']
['employment & Industrial Relations'] ['practice and Procedure' 'extension of Time' 'leave to Appeal' 'summary Dismissal' 'settlement Agreements' 'general Protections Applications']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Interlocutory (application for Extension of Time and Leave to Appeal From Summary Dismissal)

Legal Issues

  1. 1 ['Whether to grant extension of time for filing notice of appeal' 'Whether to grant leave to appeal from summary dismissal under s 17A of the Federal Circuit Court of Australia Act 1999 (Cth)' 'Whether there was a binding settlement agreement reached between the parties' "Whether the applicant's mistake regarding time limits was known or induced by the respondent or vitiated the agreement" 'Whether subsequent conduct demonstrated abandonment of any agreement']

Ratio Decidendi

There was sufficient doubt as to whether a binding agreement was formed on 18 March 2014 and as to whether Western Power was aware of or present when the Commissioner gave the incorrect 14-day advice, creating a real question warranting reconsideration on appeal. Substantial injustice would occur if leave to appeal were denied; however, the evidence did not support a reasonable prospect of success on abandonment of the agreement, and leave was not granted on that issue.

Court Disposition

Extension of time granted; leave to appeal granted in part (not extending to abandonment argument)

Orders

  • ['Leave to appeal is granted but does not extend to any argument that the first respondent abandoned any agreement entered into between the parties in March 2014.' 'The time for filing a notice of appeal is extended to 24 May 2019.' 'Unless the parties file submissions seeking different orders within seven days, the...