Ellis v Junction Group Pty Ltd trading as V Burger Bar [2018] FCA 338

Ellis v Junction Group Pty Ltd trading as V Burger Bar [2018] FCA 338

The appellant failed to make any application or provide evidence entitling him to appear other than in person at the final hearing. No error of law or grounds with reasonable prospects of success were disclosed; therefore, the appeal was dismissed with costs.

Jurisdiction
Australia
Judgment Date
15 March 2018
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
['practice and Procedure' 'disability Discrimination' 'summary Judgment' 'non Appearance at Hearing' 'application to Set Aside Judgment' 'costs Orders']
['administrative and Constitutional Law and Human Rights'] ['practice and Procedure' 'disability Discrimination' 'summary Judgment' 'non Appearance at Hearing' 'application to Set Aside Judgment' 'costs Orders']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether dismissal for non-appearance was proper under Federal Circuit Court Rules 2001 r 13.03C(1)(c)' 'Whether there was error of law in the primary judgment' 'Whether the appellant had entitlement to appear other than in person at the final hearing' 'Whether grounds of appeal disclosed reasonable prospects of success']

Ratio Decidendi

The appellant failed to make any application or provide evidence entitling him to appear other than in person at the final hearing. No error of law or grounds with reasonable prospects of success were disclosed; therefore, the appeal was dismissed with costs.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.' 'The appellant to pay the costs of the respondent, to be assessed if not agreed.']