Thomas Borthwick & Sons (Pacific Holdings) Ltd & Ors v. Trade Practices Commission [1988] FCA 132

Thomas Borthwick & Sons (Pacific Holdings) Ltd & Ors v. Trade Practices Commission [1988] FCA 132

A party who has applied unsuccessfully to a single Judge for leave to appeal from an interlocutory order cannot make another application for leave to appeal to a Full Court; only one application is competent according to the combined effect of ss. 24(1A) and 25(2) of the Federal Court Act 1976 (Cth), and no appeal lies against the refusal of leave.

Parties
First Applicant: Thomas Borthwick & Sons (Pacific Holdings) Limited; Second Applicant: Borthwick PLC; Third Applicant: Thomas Borthwick & Sons (U.K.) Limited; Respondent: Trade Practices Commission
Jurisdiction
Australia
Judgment Date
15 April 1988
Procedural Posture
Application for Leave to Appeal / Full Court Determination of Application for Leave to Appeal From Interlocutory Judgment
Outcome
Application for leave to appeal dismissed
Legal Topics
Leave to Appeal, Interlocutory Judgments, Jurisdiction of Full Court and Single Judge, Appellate Procedure
Practice and Procedure Federal Court Procedure Leave to Appeal Interlocutory Judgments Jurisdiction of Full Court and Single Judge Appellate Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2
Sign in to unlock

Parties

Thomas Borthwick & Sons (Pacific Holdings) Limited

First Applicant

Borthwick PLC

Second Applicant

Thomas Borthwick & Sons (U.K.) Limited

Third Applicant

Trade Practices Commission

Respondent

Procedural Posture

Application for Leave to Appeal / Full Court Determination of Application for Leave to Appeal From Interlocutory Judgment

Legal Issues

  1. 1 Whether an application for leave to appeal from an interlocutory judgment of a single Judge may be made more than once or successively
  2. 2 Whether an application for leave to appeal to the Full Court from the refusal of a single Judge to grant leave to appeal from an interlocutory judgment is competent

Ratio Decidendi

A party who has applied unsuccessfully to a single Judge for leave to appeal from an interlocutory order cannot make another application for leave to appeal to a Full Court; only one application is competent according to the combined effect of ss. 24(1A) and 25(2) of the Federal Court Act 1976 (Cth), and no appeal lies against the refusal of leave.

Court Disposition

Application for leave to appeal dismissed

Orders

  • The Notice of Motion of 15 March 1988 applying for leave to appeal be dismissed with costs.