Scully v Jones [2002] FCA 1396

Scully v Jones [2002] FCA 1396

The application for extension of time to appeal was refused as any prospective appeal would be doomed to fail; no error in addressing constitutional arguments was identified, and the orders (primarily declaratory and injunctive except as to costs) did not provide grounds likely to succeed on appeal.

Parties
Applicant: Olga Scully; Respondent: Jeremy Jones
Jurisdiction
Australia
Judgment Date
08 November 2002
Procedural Posture
Application for Extension of Time to Appeal / Application to Extend Time to File Notice of Appeal
Outcome
Application for extension of time dismissed with costs.
Legal Topics
Extension of Time, Appeal Rights After Bankruptcy, Locus Standi, Constitutionality of Racial Discrimination Act 1975
Practice and Procedure Bankruptcy Extension of Time Appeal Rights After Bankruptcy Locus Standi Constitutionality of Racial Discrimination Act 1975

Case Brief

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Parties

Olga Scully

Applicant

Jeremy Jones

Respondent

Procedural Posture

Application for Extension of Time to Appeal / Application to Extend Time to File Notice of Appeal

Legal Issues

  1. 1 Whether an extension of time should be granted to file a notice of appeal
  2. 2 Whether the applicant's bankruptcy affects her right to appeal
  3. 3 Whether the applicant has locus standi to appeal after bankruptcy

Ratio Decidendi

The application for extension of time to appeal was refused as any prospective appeal would be doomed to fail; no error in addressing constitutional arguments was identified, and the orders (primarily declaratory and injunctive except as to costs) did not provide grounds likely to succeed on appeal.

Court Disposition

Application for extension of time dismissed with costs.

Orders

  • The application for extension of time be dismissed.
  • The applicant pay the respondent's costs of that application.