Nasir v Reynolds (Application for leave to appeal) [2024] FCA 865

Nasir v Reynolds (Application for leave to appeal) [2024] FCA 865

The application for leave to appeal is dismissed because the primary judge's order is not attended by sufficient doubt to warrant reconsideration, none of the proposed grounds of appeal have reasonable merit, no constitutional issue is genuinely raised, and no substantial injustice would result if leave is refused, given the interlocutory and procedural nature of the order and the opportunity for subsequent appeal.

Jurisdiction
Australia
Judgment Date
05 August 2024
Procedural Posture
Application for Leave to Appeal (interlocutory Order) / Disposition of Leave to Appeal Application
Outcome
Application for leave to appeal dismissed with costs
Legal Topics
['leave to Appeal' 'interlocutory Orders' 'case Management' 'release Agreements' 'discrimination Claims']
['practice and Procedure' 'administrative Law' 'human Rights'] ['leave to Appeal' 'interlocutory Orders' 'case Management' 'release Agreements' 'discrimination Claims']

Case Brief

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Procedural Posture

Application for Leave to Appeal (interlocutory Order) / Disposition of Leave to Appeal Application

Legal Issues

  1. 1 ['Whether leave to appeal should be granted in respect of a case management/interlocutory order to separately determine the effect of a release agreement' 'Whether the proceeding raises matters arising under the Constitution such that s 78B notice is required' 'Whether there is sufficient doubt and/or risk of substantial injustice justifying a grant of leave']

Ratio Decidendi

The application for leave to appeal is dismissed because the primary judge's order is not attended by sufficient doubt to warrant reconsideration, none of the proposed grounds of appeal have reasonable merit, no constitutional issue is genuinely raised, and no substantial injustice would result if leave is refused, given the interlocutory and procedural nature of the order and the opportunity for subsequent appeal.

Court Disposition

Application for leave to appeal dismissed with costs

Orders

  • ['Leave to appeal the orders dated 11 July 2024 in NSD725/2024 is refused.' "The applicant pays the respondents' costs."]