Howard v Australian Electoral Commission [2000] FCA 1767

Howard v Australian Electoral Commission [2000] FCA 1767

Although there may be grounds for departure from the ordinary rule due to the applicant's circumstances, no important question or constitutional rights were identified, and the proposed grounds of appeal lacked strength; accordingly, the discretion to grant an extension should not be exercised.

Source-derived case information.

Parties
Applicant: Susan Anne Howard; Respondent: Australian Electoral Commission
Jurisdiction
Australia
Judgment Date
29 November 2000
Procedural Posture
Application for Extension of Time to Appeal / Dismissal of Application for Extension of Time
Outcome
Application for extension of time to appeal dismissed.
Legal Topics
Extension of Time, Appeal, Discretion to Dismiss Application, Special Reasons
Practice and Procedure Extension of Time Appeal Discretion to Dismiss Application Special Reasons

Source-derived case record

Summary, issues, holding and outcome

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Parties

Susan Anne Howard

Applicant

Australian Electoral Commission

Respondent

Procedural Posture

Application for Extension of Time to Appeal / Dismissal of Application for Extension of Time

Legal Issues

  1. 1 Whether there were 'special reasons' justifying extension of time to file and serve notice of appeal
  2. 2 Whether discretion should be exercised to dismiss application despite special reasons

Ratio Decidendi

Although there may be grounds for departure from the ordinary rule due to the applicant's circumstances, no important question or constitutional rights were identified, and the proposed grounds of appeal lacked strength; accordingly, the discretion to grant an extension should not be exercised.

Court Disposition

Application for extension of time to appeal dismissed.

Orders

  • The application for an extension of time to file and serve a notice of appeal be dismissed.
  • The applicant pay the respondent's costs of the application.