Cutler v The Trustee for McKenzie & Baird Unit Trust [2010] FCA 988

Cutler v The Trustee for McKenzie & Baird Unit Trust [2010] FCA 988

The applicant failed to provide a satisfactory explanation for his late attendance and his subsequent delay in seeking leave to appeal; the original finding of unreasonable conduct and the costs order were properly open on the evidence; no arguable case for leave to appeal was presented, so it would be futile to...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
06 September 2010
Procedural Posture
Appeal / Motion for Extension of Time and Leave to Appeal Interlocutory Judgment (costs Order)
Outcome
Applications for extension of time and leave to appeal dismissed; costs of the motions ordered against the applicant.
Legal Topics
['costs' 'unreasonable Conduct' 'extension of Time' 'leave to Appeal' 'self Represented Litigants']
['employment Law' 'civil Procedure'] ['costs' 'unreasonable Conduct' 'extension of Time' 'leave to Appeal' 'self Represented Litigants']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Motion for Extension of Time and Leave to Appeal Interlocutory Judgment (costs Order)

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to seek leave to appeal the costs order' 'Whether leave to appeal the interlocutory costs order should be granted' 'Whether the original costs order was properly made under relevant statutory provisions']

Ratio Decidendi

The applicant failed to provide a satisfactory explanation for his late attendance and his subsequent delay in seeking leave to appeal; the original finding of unreasonable conduct and the costs order were properly open on the evidence; no arguable case for leave to appeal was presented, so it would be futile to grant an extension or leave.

Court Disposition

Applications for extension of time and leave to appeal dismissed; costs of the motions ordered against the applicant.

Orders

  • ['The motions, notice of which were given on 16 August 2010, each be dismissed.' "The Applicant pay the Respondent's costs of the motions."]