Emmerton, R.A. v Roberts, D. [1995] FCA 276

Emmerton, R.A. v Roberts, D. [1995] FCA 276

The Federal Court does not have jurisdiction to entertain the application for leave to appeal from a judgment of the NSW Court of Appeal.

Jurisdiction
Australia
Judgment Date
20 April 1995
Procedural Posture
Application for Leave to Appeal / Dismissal at First Instance in Federal Court of Australia
Outcome
Application for leave to appeal dismissed for want of jurisdiction
Legal Topics
['jurisdiction' 'leave to Appeal' 'stay of Proceedings']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Dismissal at First Instance in Federal Court of Australia

  1. 1 ['Whether Federal Court has jurisdiction to entertain application for leave to appeal from NSW Court of Appeal']

Ratio Decidendi

The Federal Court does not have jurisdiction to entertain the application for leave to appeal from a judgment of the NSW Court of Appeal.

Court Disposition

Application for leave to appeal dismissed for want of jurisdiction

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant pay the respondents' costs."]