Davies v Australian Postal Corporation [2005] FCA 338

Davies v Australian Postal Corporation [2005] FCA 338

The application was dismissed because, in circumstances where inquiries indicated it had not been served on the respondent and the applicant did not appear despite being notified of the hearing, dismissal was appropriate.

Jurisdiction
Australia
Judgment Date
30 March 2005
Procedural Posture
Application for an Extension of Time to File and Serve a Notice of Appeal / Hearing of Application
Outcome
Application dismissed with no order as to costs.
Legal Topics
['extension of Time' 'notice of Appeal' 'service' 'non Appearance']
['civil Procedure' 'appellate Procedure'] ['extension of Time' 'notice of Appeal' 'service' 'non Appearance']

Case Brief

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Procedural Posture

Application for an Extension of Time to File and Serve a Notice of Appeal / Hearing of Application

Legal Issues

  1. 1 ['Whether the application for an extension of time to file and serve a notice of appeal should be dismissed where it had not been served on the respondent and the applicant did not appear.']

Ratio Decidendi

The application was dismissed because, in circumstances where inquiries indicated it had not been served on the respondent and the applicant did not appear despite being notified of the hearing, dismissal was appropriate.

Court Disposition

Application dismissed with no order as to costs.

Orders

  • ['The application be dismissed with no order as to costs.']