Vel v Human Rights & Equal Opportunity Commission [2000] FCA 1940

Vel v Human Rights & Equal Opportunity Commission [2000] FCA 1940

The Court has no jurisdiction to hear an appeal from a judgment of a single judge refusing leave to appeal; consequently, extension of time cannot be granted to allow an incompetent appeal. Even if jurisdiction existed, there is insufficient doubt as to the correctness of Lehane J's decision to warrant an extension or leave to appeal.

Parties
Applicant: Peter Vel; First Respondent: Human Rights and Equal Opportunity Commission; Second Respondent: The Commonwealth
Jurisdiction
Australia
Judgment Date
04 December 2000
Procedural Posture
Application for Leave to Appeal / Extension of Time / Judgment on Application for Extension of Time and Leave to Appeal, and Whether Appeal Competent
Outcome
Application dismissed; no order as to costs
Legal Topics
Jurisdiction of the Federal Court, Applications for Extension of Time, Leave to Appeal, Discretion to Award Costs
Administrative Law Procedure Human Rights Jurisdiction of the Federal Court Applications for Extension of Time Leave to Appeal Discretion to Award Costs

Case Brief

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Parties

Peter Vel

Applicant

Human Rights and Equal Opportunity Commission

First Respondent

The Commonwealth

Second Respondent

Procedural Posture

Application for Leave to Appeal / Extension of Time / Judgment on Application for Extension of Time and Leave to Appeal, and Whether Appeal Competent

Legal Issues

  1. 1 Whether the Court has jurisdiction to hear an appeal from a refusal of leave to appeal by a single judge
  2. 2 Whether an extension of time should be granted to appeal from Lehane J's judgment
  3. 3 Whether there is doubt on the correctness of the prior decision justifying leave to appeal

Ratio Decidendi

The Court has no jurisdiction to hear an appeal from a judgment of a single judge refusing leave to appeal; consequently, extension of time cannot be granted to allow an incompetent appeal. Even if jurisdiction existed, there is insufficient doubt as to the correctness of Lehane J's decision to warrant an extension or leave to appeal.

Court Disposition

Application dismissed; no order as to costs

Orders

  • The application be dismissed.
  • No order as to costs.