Sheikholeslami v Brungs [2007] FCA 602

Sheikholeslami v Brungs [2007] FCA 602

The application for an extension of time should be dismissed because, as currently framed and supported, it should not succeed, and it was not appropriate to keep it alive for months to permit an application to reopen on a basis quite different from the way it had been approached.

Jurisdiction
Australia
Judgment Date
02 May 2007
Procedural Posture
Application for an Extension of Time in Which to File and Serve an Application / Application Dismissed
Outcome
Application for an extension of time dismissed with costs.
Legal Topics
['extension of Time' 'costs' 'federal Court Docket Management']
['civil Procedure'] ['extension of Time' 'costs' 'federal Court Docket Management']

Case Brief

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Procedural Posture

Application for an Extension of Time in Which to File and Serve an Application / Application Dismissed

Legal Issues

  1. 1 ["Whether the applicant's application for an extension of time in which to file and serve an application should be dismissed or stood over to permit a further application to reopen evidence." 'Whether, given the history of the matter and the evidence as currently framed and supported, an extension of time should be granted.']

Ratio Decidendi

The application for an extension of time should be dismissed because, as currently framed and supported, it should not succeed, and it was not appropriate to keep it alive for months to permit an application to reopen on a basis quite different from the way it had been approached.

Court Disposition

Application for an extension of time dismissed with costs.

Orders

  • ['The application for an extension of time in which to file and serve an application be dismissed.' "The applicant pay the respondents' costs." 'If any further application for an extension of time be filed by the applicant, such proceeding, subject to any application of a party, be placed in the docket of Justice...