Sayed v National Disability Insurance Agency (No 3) [2022] FCA 1600

Sayed v National Disability Insurance Agency (No 3) [2022] FCA 1600

Leave to appeal was refused because the applicant did not identify any sufficient doubt in the reasons dismissing the recusal application and did not show that substantial injustice would result if leave were refused; the matters complained of were matters of practice and procedure with no bearing on substantive issues or the applicant's legal rights and interests in the proceeding.

Jurisdiction
Australia
Judgment Date
23 December 2022
Procedural Posture
Application for Leave to Appeal From Orders Dismissing Recusal Application / Interlocutory Oral Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed; no order as to costs.
Legal Topics
['leave to Appeal' 'recusal' 'bias' 'interlocutory Decisions' 'case Management']
['practice and Procedure'] ['leave to Appeal' 'recusal' 'bias' 'interlocutory Decisions' 'case Management']

Case Brief

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Procedural Posture

Application for Leave to Appeal From Orders Dismissing Recusal Application / Interlocutory Oral Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether the decision dismissing the recusal application was attended with sufficient doubt to warrant reconsideration by the Full Court.' 'Whether substantial injustice would result if leave to appeal were refused, supposing the recusal decision to be wrong.']

Ratio Decidendi

Leave to appeal was refused because the applicant did not identify any sufficient doubt in the reasons dismissing the recusal application and did not show that substantial injustice would result if leave were refused; the matters complained of were matters of practice and procedure with no bearing on substantive issues or the applicant's legal rights and interests in the proceeding.

Court Disposition

Application for leave to appeal dismissed; no order as to costs.

Orders

  • ["The application for leave to appeal from the orders of O'Bryan J dated today's date be dismissed." "A copy of the transcript of the hearing in this matter on 16 December 2022 be provided to the applicant at the Court's expense." 'The matter be listed for further case management at 9:30 am on 25 January 2023.'...