Ekermawi v Harbour Radio Pty Ltd [2013] NSWCA 54
Leave to appeal was refused as there was no sufficiently arguable case for error in the Appeal Panel's exercise of discretion in refusing to extend time to appeal, and the proceedings were not brought in the appropriate court. The applicant received sufficient procedural information, and Davies J made no error.
- Jurisdiction
- Australia
- Judgment Date
- 08 March 2013
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal
- Outcome
- summons for leave to appeal dismissed with costs
- Legal Topics
- ['refusal of Leave to Appeal' 'procedure for Appeal Against Administrative Tribunal Decisions' 'obligations Towards Self Represented Litigants']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Legal Issues
- 1 ["Whether leave should be granted to appeal from the judgment of Davies J dismissing applicant's summons" 'Whether proceedings were brought in the appropriate court' "Court's obligation to self-represented litigants regarding fair hearing and procedural fairness" 'Whether the refusal by the Administrative Decisions Tribunal Appeal Panel to extend time to appeal was an error']
Ratio Decidendi
Leave to appeal was refused as there was no sufficiently arguable case for error in the Appeal Panel's exercise of discretion in refusing to extend time to appeal, and the proceedings were not brought in the appropriate court. The applicant received sufficient procedural information, and Davies J made no error.
Court Disposition
summons for leave to appeal dismissed with costs
Orders
- ['The summons for leave to appeal is dismissed with costs.']
Full Case Text
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