Gambaro v Mobycom Mobile Pty Ltd [2019] FCA 910

Gambaro v Mobycom Mobile Pty Ltd [2019] FCA 910

The two-day delay was satisfactorily explained, there was no asserted prejudice to the respondents, and the proposed appeal had sufficient prospects of success on grounds alleging apprehended bias or unfair conduct of the hearing. Because those grounds created a risk of substantial injustice if leave were refused, the Court extended time and granted leave to appeal without considering the merits of the other proposed grounds.

Jurisdiction
Australia
Judgment Date
14 June 2019
Procedural Posture
Application for Extension of Time for Leave to Appeal From Interlocutory Orders of the Federal Circuit Court of Australia / Extension of Time and Leave to Appeal Granted
Outcome
Application for extension of time allowed; leave to appeal allowed.
Legal Topics
['extension of Time' 'leave to Appeal' 'procedural Fairness' 'apprehended Bias' 'unfair Judicial Conduct' 'fair Work Adverse Action' 'amendment of Statement of Claim' 'discovery']
['practice and Procedure' 'employment and Industrial Relations' 'appellate Procedure'] ['extension of Time' 'leave to Appeal' 'procedural Fairness' 'apprehended Bias' 'unfair Judicial Conduct' 'fair Work Adverse Action' 'amendment of Statement of Claim' 'discovery']

Case Brief

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Procedural Posture

Application for Extension of Time for Leave to Appeal From Interlocutory Orders of the Federal Circuit Court of Australia / Extension of Time and Leave to Appeal Granted

Legal Issues

  1. 1 ["Whether the time for filing the applicant's application for leave to appeal should be extended." 'Whether leave should be granted to appeal from interlocutory orders of the Federal Circuit Court of Australia.' 'Whether the proposed appeal had sufficient prospects of success on grounds alleging procedural fairness, apprehended bias, unfair conduct of the hearing, and removal of the self-represented applicant from the courtroom.']

Ratio Decidendi

The two-day delay was satisfactorily explained, there was no asserted prejudice to the respondents, and the proposed appeal had sufficient prospects of success on grounds alleging apprehended bias or unfair conduct of the hearing. Because those grounds created a risk of substantial injustice if leave were refused, the Court extended time and granted leave to appeal without considering the merits of the other proposed grounds.

Court Disposition

Application for extension of time allowed; leave to appeal allowed.

Orders

  • ["The time for filing of the applicant's application for leave to appeal be extended to 7 November 2018." 'The applicant have leave to appeal from the judgment of the Federal Circuit Court of Australia delivered on 22 October 2018.' 'The applicant file and serve his notice of appeal by 4 pm on 20 June 2019.']