Sheikholeslami v Brungs [2007] FCA 556

Sheikholeslami v Brungs [2007] FCA 556

Given the applicant's prior conduct as found in earlier proceedings, lack of particularity in the current application, and outstanding costs owed to the respondents, it is not presently just to grant an extension of time to proceed unless the applicant provides admissible evidence with sufficient particularity and outstanding costs are dealt with; the application for extension is adjourned to allow the applicant opportunity to provide such evidence and to allow time for crystallisation of costs.

Jurisdiction
Australia
Judgment Date
16 April 2007
Procedural Posture
Application for Extension of Time Under the Human Rights and Equal Opportunity Commission Act 1986 (cth) / Interlocutory, Considering Leave to Extend Time to File an Application
Outcome
Orders on the notice of motion adjourned; opportunity for applicant to provide admissible evidence and respondents to address orders.
Legal Topics
['application for Extension of Time' 'striking Out or Continuation of Proceedings' 'costs Orders in Federal Court']
['human Rights Law' 'discrimination Law' 'federal Procedure'] ['application for Extension of Time' 'striking Out or Continuation of Proceedings' 'costs Orders in Federal Court']

Case Brief

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Procedural Posture

Application for Extension of Time Under the Human Rights and Equal Opportunity Commission Act 1986 (cth) / Interlocutory, Considering Leave to Extend Time to File an Application

Legal Issues

  1. 1 ['Whether leave should be granted to file out of time an application under the Human Rights and Equal Opportunity Commission Act 1986 (Cth)' "Whether the applicant's prior conduct in proceedings justifies refusal of leave" 'Whether payment of outstanding costs should be a condition to proceed']

Ratio Decidendi

Given the applicant's prior conduct as found in earlier proceedings, lack of particularity in the current application, and outstanding costs owed to the respondents, it is not presently just to grant an extension of time to proceed unless the applicant provides admissible evidence with sufficient particularity and outstanding costs are dealt with; the application for extension is adjourned to allow the applicant opportunity to provide such evidence and to allow time for crystallisation of costs.

Court Disposition

Orders on the notice of motion adjourned; opportunity for applicant to provide admissible evidence and respondents to address orders.

Orders

  • ['Parties have leave to file submissions on the proposed orders in the reasons.' 'Making of orders on the notice of motion adjourned until a date in June.' 'Applicant granted leave to apply to reopen her evidence for the purpose of providing admissible affidavit evidence to support the application.']