Nasir v Reynolds (stay application) [2024] FCA 864

Nasir v Reynolds (stay application) [2024] FCA 864

The stay application failed because s 78B of the Judiciary Act 1903 (Cth) was not engaged, Mr Nasir's proposed appeal grounds disclosed no reasonably arguable error in the primary judge's discretionary practice and procedure order for separate determination of the release issue, and there was no reasonable prospect...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
01 August 2024
Procedural Posture
Application for Stay of Interlocutory Order Pending Determination of Application for Leave to Appeal / Interlocutory Application
Outcome
Stay application dismissed with costs.
Legal Topics
['stay Pending Leave to Appeal' 'interlocutory Order' 'separate Determination of Issue' 'case Management Powers' 'section 78 B Notice' 'racial Discrimination Complaint']
['practice and Procedure' 'administrative and Constitutional Law and Human Rights'] ['stay Pending Leave to Appeal' 'interlocutory Order' 'separate Determination of Issue' 'case Management Powers' 'section 78 B Notice' 'racial Discrimination Complaint']

Source-derived case record

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Procedural Posture

Application for Stay of Interlocutory Order Pending Determination of Application for Leave to Appeal / Interlocutory Application

Legal Issues

  1. 1 ['Whether the Court was precluded by s 78B of the Judiciary Act 1903 (Cth) from determining the stay application because the cause involved a matter arising under the Constitution or involving its interpretation.' "Whether Mr Nasir's application for leave to appeal the primary judge's interlocutory order had reasonable prospects of success sufficient to justify a stay." "Whether the primary judge's order for separate determination of the release agreement issue was attended with sufficient doubt to warrant reconsideration on appeal." 'Whether substantial injustice would result if leave to appeal were refused.']

Ratio Decidendi

The stay application failed because s 78B of the Judiciary Act 1903 (Cth) was not engaged, Mr Nasir's proposed appeal grounds disclosed no reasonably arguable error in the primary judge's discretionary practice and procedure order for separate determination of the release issue, and there was no reasonable prospect that he could show substantial injustice if leave to appeal were refused. Accordingly there was insufficient prospect of obtaining leave to appeal to justify a stay.

Court Disposition

Stay application dismissed with costs.

Orders

  • ["The applicant's Interlocutory Application dated 23 July 2024 (bearing the proceeding number 725 of 2024) and taken to have been filed in this proceeding on 25 July 2024 be dismissed." "The applicant pay the respondent's costs of and incidental to the hearing of the Interlocutory Application."]