Odyssey Trading Pty Ltd v Wang [2021] FCA 1171

Odyssey Trading Pty Ltd v Wang [2021] FCA 1171

The application was misconceived as the complaint regarding insufficient particulars should be addressed before the judge conducting the trial, and the bias grounds were unsupported and not pressed with submissions. The application for extension of time and leave to appeal was therefore refused.

Jurisdiction
Australia
Judgment Date
28 September 2021
Procedural Posture
Application for Extension of Time and Leave to Appeal / Decision on Application
Outcome
Application refused
Legal Topics
['practice and Procedure' 'extension of Time' 'leave to Appeal' 'particularisation of Claims' 'apprehension of Bias' 'natural Justice']
['employment and Industrial Relations'] ['practice and Procedure' 'extension of Time' 'leave to Appeal' 'particularisation of Claims' 'apprehension of Bias' 'natural Justice']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Decision on Application

Legal Issues

  1. 1 ['Whether to grant extension of time and leave to appeal from orders permitting filing of a further amended statement of claim' 'Whether the grounds of the application had been rendered moot by subsequent events' 'Whether there was apprehended bias by the judge below']

Ratio Decidendi

The application was misconceived as the complaint regarding insufficient particulars should be addressed before the judge conducting the trial, and the bias grounds were unsupported and not pressed with submissions. The application for extension of time and leave to appeal was therefore refused.

Court Disposition

Application refused

Orders

  • ['The application for extension of time and leave to appeal is refused.']