Caldar v Carlsund [2007] FCA 902
Leave to appeal was refused because the proposed apprehended bias ground was without substance, the proposed jurisdictional ground reflected a misunderstanding of the Federal Court's jurisdiction, and Madgwick J's judgment was not attended by doubt.
- Jurisdiction
- Australia
- Judgment Date
- 08 June 2007
- Procedural Posture
- Application for Leave to Appeal / Leave to Appeal From Judgment Dismissing an Application as Disclosing No Reasonable Cause of Action
- Outcome
- Application for leave to appeal refused.
- Legal Topics
- ['leave to Appeal' 'apprehended Bias' 'jurisdiction of the Federal Court' 'review of Conduct of the Registrar of the High Court']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Judgment Dismissing an Application as Disclosing No Reasonable Cause of Action
Legal Issues
- 1 ["Whether leave should be granted to appeal from Madgwick J's dismissal of the applicant's application." 'Whether the proposed ground of apprehended bias had substance.' 'Whether the Federal Court had jurisdiction to review the conduct of the Registrar of the High Court in accepting or refusing documents for filing in the High Court.']
Ratio Decidendi
Leave to appeal was refused because the proposed apprehended bias ground was without substance, the proposed jurisdictional ground reflected a misunderstanding of the Federal Court's jurisdiction, and Madgwick J's judgment was not attended by doubt.
Court Disposition
Application for leave to appeal refused.
Orders
- ['The application for leave to appeal be refused.']
Full Case Text
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