Heng V (Australia) Pty Ltd v Qi Wang [2008] FCA 1146

Heng V (Australia) Pty Ltd v Qi Wang [2008] FCA 1146

The enlargements of time and leave to appeal were granted because the delay was only a few weeks, the respondent had early notice that the appellants wished to appeal all three judgments, the delay was at least partly explained by the appellants' lack of legal representation for some time, and the final judgment of 15 April 2008 was so bound up with the interlocutory judgments of 1 April and 14 April 2008 that the right of appeal from the final judgment would be difficult to determine effectively without the earlier judgments also being before the Court.

Jurisdiction
Australia
Judgment Date
30 June 2008
Procedural Posture
Applications for Enlargement of Time and Leave to Appeal From Judgments of the Federal Magistrates Court of Australia / Federal Court Orders on Applications for Leave to Appeal and Extension of Time
Outcome
Time for applying for leave to appeal was extended, leave to appeal was granted, directions for the appeals were made, the appeals were to be heard by a single judge, and the appellants were ordered to pay the respondent's costs of the applications and of the day.
Legal Topics
['leave to Appeal' 'extension of Time' 'interlocutory Judgments' 'appeal From Federal Magistrates Court' 'composition of Appellate Court' 'costs of Applications']
['appellate Procedure' 'civil Procedure' 'costs'] ['leave to Appeal' 'extension of Time' 'interlocutory Judgments' 'appeal From Federal Magistrates Court' 'composition of Appellate Court' 'costs of Applications']

Case Brief

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Procedural Posture

Applications for Enlargement of Time and Leave to Appeal From Judgments of the Federal Magistrates Court of Australia / Federal Court Orders on Applications for Leave to Appeal and Extension of Time

Legal Issues

  1. 1 ['Whether time should be enlarged for applications for leave to appeal from the Federal Magistrates Court judgments of 1 April 2008 and 14 April 2008.' 'Whether leave to appeal from the interlocutory judgments of 1 April 2008 and 14 April 2008 should be granted.' 'Whether the appeals should be heard by a Full Court or a single judge.' 'Who should pay the costs of the applications for enlargement of time and leave to appeal.']

Ratio Decidendi

The enlargements of time and leave to appeal were granted because the delay was only a few weeks, the respondent had early notice that the appellants wished to appeal all three judgments, the delay was at least partly explained by the appellants' lack of legal representation for some time, and the final judgment of 15 April 2008 was so bound up with the interlocutory judgments of 1 April and 14 April 2008 that the right of appeal from the final judgment would be difficult to determine effectively without the earlier judgments also being before the Court.

Court Disposition

Time for applying for leave to appeal was extended, leave to appeal was granted, directions for the appeals were made, the appeals were to be heard by a single judge, and the appellants were ordered to pay the respondent's costs of the applications and of the day.

Orders

  • ['The time for applying for leave to appeal from the judgments of the Federal Magistrates Court, given on 1 April and 14 April 2008, be extended to 8 May 2008 and 26 June 2008 respectively.' 'Leave to appeal from the judgments of the Federal Magistrates Court of 1 April 2008 and 14 April 2008 be granted.' 'On or...