Qing Quan Yao v Administrative Appeals Tribunal [2011] FCA 171

Qing Quan Yao v Administrative Appeals Tribunal [2011] FCA 171

The application was dismissed because the applicant failed to attend the hearing after being notified of the fixture, enlivening the Court's power to dismiss under ss 25(2), 25(2B)(bb)(ii) and 25(2BA). In any event, no special reason was established for an extension of time: the need to raise the filing fee or obtain legal aid was not a satisfactory explanation, and the proposed appeal identified no appellable error and had no prospect of success because the primary judge's factual findings showed that the applicant had received his Newstart entitlements, the unpaid June 2008 amount had been made good, and any overpayment could not be recovered.

Jurisdiction
Australia
Judgment Date
02 March 2011
Procedural Posture
Application for Extension of Time Within Which to File a Notice of Appeal From a Judgment of a Single Judge of the Federal Court / Application Heard and Dismissed
Outcome
Application dismissed with costs.
Legal Topics
['extension of Time to Appeal' 'special Reasons' 'failure to Attend Hearing' 'administrative Appeals Tribunal Dismissal of Frivolous or Vexatious Application' 'newstart Allowance Payments']
['appeal and New Trial' 'administrative Law' 'social Security'] ['extension of Time to Appeal' 'special Reasons' 'failure to Attend Hearing' 'administrative Appeals Tribunal Dismissal of Frivolous or Vexatious Application' 'newstart Allowance Payments']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Extension of Time Within Which to File a Notice of Appeal From a Judgment of a Single Judge of the Federal Court / Application Heard and Dismissed

Legal Issues

  1. 1 ["Whether the applicant's failure to attend the hearing justified dismissal of the application under ss 25(2), 25(2B)(bb)(ii) and 25(2BA) of the Federal Court of Australia Act 1976 (Cth)." 'Whether special reasons existed under O 52 r 15(2) of the Federal Court Rules to extend time for filing and serving a notice of appeal.' "Whether the proposed appeal had sufficient merit or identified appellable error in the primary judge's decision." "Whether the applicant's explanation that he needed time to raise the filing fee or obtain legal aid was a satisfactory explanation for the delay."]

Ratio Decidendi

The application was dismissed because the applicant failed to attend the hearing after being notified of the fixture, enlivening the Court's power to dismiss under ss 25(2), 25(2B)(bb)(ii) and 25(2BA). In any event, no special reason was established for an extension of time: the need to raise the filing fee or obtain legal aid was not a satisfactory explanation, and the proposed appeal identified no appellable error and had no prospect of success because the primary judge's factual findings showed that the applicant had received his Newstart entitlements, the unpaid June 2008 amount had been made good, and any overpayment could not be recovered.

Court Disposition

Application dismissed with costs.

Orders

  • ['The Application made by the applicant for an extension of time within which he might file a Notice of Appeal from the judgment of Katzmann J delivered on 19 January 2011 (Qing Quan Yao v Administrative Appeals Tribunal [2011] FCA 11) be dismissed.' "The applicant pay the second respondent's costs of and incidental...