Cheng v Smith [2007] FCA 619

Cheng v Smith [2007] FCA 619

No attempt was made by the applicant to identify any grounds of error in the interlocutory decision or to disclose a reasonable cause of action. Therefore, leave to appeal was denied and costs ordered against the applicant.

Jurisdiction
Australia
Judgment Date
27 April 2007
Procedural Posture
Application for Leave to Appeal / Dismissal of Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed
Legal Topics
['leave to Appeal' 'interlocutory Orders' 'human Rights and Equal Opportunity Commission' 'reasonable Cause of Action']
['administrative Law'] ['leave to Appeal' 'interlocutory Orders' 'human Rights and Equal Opportunity Commission' 'reasonable Cause of Action']

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

Procedural Posture

Application for Leave to Appeal / Dismissal of Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether grounds exist to grant leave to appeal from interlocutory orders of the Federal Magistrates Court' "Whether there was error in the Federal Magistrate's decision to dismiss the original application for lack of reasonable cause of action"]

Ratio Decidendi

No attempt was made by the applicant to identify any grounds of error in the interlocutory decision or to disclose a reasonable cause of action. Therefore, leave to appeal was denied and costs ordered against the applicant.

Court Disposition

Application for leave to appeal dismissed

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant pay the respondent's costs."]