SZEOP v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 859
Extension of time granted because the delay was not significant and the grounds in the amended notice of appeal were arguable; respondent would suffer no prejudice apart from costs.
Source-derived case information.
- Jurisdiction
- Australia
- Judgment Date
- 17 June 2005
- Procedural Posture
- Appeal / Application for Extension of Time to File and Serve Notice of Appeal
- Outcome
- Extension of time granted; leave to file amended notice of appeal granted.
- Legal Topics
- ['extension of Time for Appeal' 'notice of Appeal']
Source-derived case record
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Application for Extension of Time to File and Serve Notice of Appeal
Legal Issues
- 1 ['Whether extension of time to file and serve notice of appeal should be granted']
Ratio Decidendi
Extension of time granted because the delay was not significant and the grounds in the amended notice of appeal were arguable; respondent would suffer no prejudice apart from costs.
Court Disposition
Extension of time granted; leave to file amended notice of appeal granted.
Orders
- ['Application for extension of time to file and serve notice of appeal is granted.' 'Leave granted to file an amended notice of appeal in court.']
Full Case Text
Judgment text and source record
30 paragraphs
FEDERAL COURT OF AUSTRALIA
SZEOP v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 859 SZEOP V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 858 OF 2005 EDMONDS J 17 JUNE 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 858 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZEOP
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: EDMONDS J
DATE OF ORDER: 17 JUNE 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application for an extension of time in which to file and serve a notice of appeal be granted. 2. Leave be granted to file in court an amended notice of appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 858 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZEOP
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: EDMONDS J
DATE: 17 JUNE 2005
PLACE: SYDNEY
REASONS FOR JUDGMENT GIVEN EX TEMPORE (REVISED FROM THE TRANSCRIPT) 1 This is an application for an extension of time in which to file and serve a notice of appeal. Counsel for the applicant has, as part of his address this morning, furnished the court with an amended notice of appeal which, if the extension is granted, will be filed and served. 2 The delay that has occurred in the failure to timely file a notice of appeal is not significant. At most it would be some seven days late. Counsel for the respondent has indicated that, apart from the question of costs, the respondent would suffer no prejudice by granting the extension of time. 3 Counsel for the applicant briefly outlined certain arguments which were founded in the grounds of the amended notice of appeal handed up in court this morning. Counsel for the respondent submitted that, on the findings of the Federal Magistrate, reliance on these grounds would not be successful. Nevertheless, I am of the view that they do provide arguable grounds. It is not necessary that I come to a conclusion at this point in time as to the success or otherwise of those grounds and, in those circumstances, I will grant an extension of time to file the notice of appeal. 4 Leave will be granted to the applicant to file in court the amended notice of appeal that was handed up by his counsel this morning. I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Edmonds.
Associate: Dated: 30 June 2005
Counsel for the Applicant: Mr Prince
Counsel for the Respondent: Mr Bird
Solicitor for the Respondent: Phillips Fox
Date of Hearing: 17 June 2005
Date of Judgment: 17 June 2005