Ejueyitsi v Bond University [2014] FCA 587

Ejueyitsi v Bond University [2014] FCA 587

The applicant did not provide a satisfactory explanation for delay and had no reasonable prospects of success; even if the Federal Circuit Court lacked jurisdiction in the substantive proceedings, it had jurisdiction to award costs under s 79(2) of the Federal Circuit Court Act 1999 (Cth).

Parties
Applicant: Vincent Ejueyitsi; Respondent: Bond University
Jurisdiction
Australia
Judgment Date
29 May 2014
Procedural Posture
Application for Extension of Time and Leave to Appeal / Dismissal of Application for Extension of Time and Leave to Appeal
Outcome
Application dismissed
Legal Topics
Extension of Time, Leave to Appeal, Costs Orders, Jurisdiction
Practice and Procedure Extension of Time Leave to Appeal Costs Orders Jurisdiction

Case Brief

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Parties

Vincent Ejueyitsi

Applicant

Bond University

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time to seek leave to appeal the costs order
  2. 2 Whether leave to appeal against the costs order should be granted
  3. 3 Whether the Federal Circuit Court had jurisdiction to award costs if it lacked jurisdiction in the substantive matter

Ratio Decidendi

The applicant did not provide a satisfactory explanation for delay and had no reasonable prospects of success; even if the Federal Circuit Court lacked jurisdiction in the substantive proceedings, it had jurisdiction to award costs under s 79(2) of the Federal Circuit Court Act 1999 (Cth).

Court Disposition

Application dismissed

Orders

  • The applicant's application for an extension of time to seek leave to appeal and for leave to appeal be dismissed.
  • The applicant pay the respondent's costs of and incidental to the application.