Gibbons v Commonwealth of Australia [2010] FCA 462

None of the proposed grounds of appeal are reasonably arguable, and thus it would be futile to extend the time to appeal; accordingly, the application for extension of time is dismissed.

Parties: Appellant: Paul Edward George Gibbons; First Respondent: Commonwealth of Australia - Australian Federal Police; Second Respondent: Alan Sean Scott; Third Respondent: Michael Joseph Keelty
Jurisdiction: Australia
Judgment Date: 05 May 2010
Procedural Posture: Application for Extension of Time to Appeal / Decision on Application for Extension of Time
Outcome: Application dismissed
Legal Topics: Extension of Time to Appeal, Disability Discrimination, Admissibility of Evidence, Apprehended Bias

Practice and Procedure Discrimination Law Extension of Time to Appeal Disability Discrimination Admissibility of Evidence Apprehended Bias

Case Brief

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Parties

Paul Edward George Gibbons

Appellant

Commonwealth of Australia - Australian Federal Police

First Respondent

Alan Sean Scott

Second Respondent

Michael Joseph Keelty

Third Respondent

Procedural Posture

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

Legal Issues

1 Whether extension of time within which to appeal should be granted
2 Whether the proposed grounds of appeal are reasonably arguable

Ratio Decidendi

None of the proposed grounds of appeal are reasonably arguable, and thus it would be futile to extend the time to appeal; accordingly, the application for extension of time is dismissed.

Court Disposition

Application dismissed

Orders

The application is dismissed.
The applicant is to pay the respondents' costs of and incidental to the application, to be taxed if not agreed.