Kidman, C. Reid v. Nairn, W.I. [1985] FCA 245

Kidman, C. Reid v. Nairn, W.I. [1985] FCA 245

Both applications were incompetent. Once an application for leave to appeal has been heard and determined by a single Judge, no further application for leave to the Full Court is competent, nor does an appeal lie from the refusal of leave by a single Judge. The statutory scheme contemplates leave being determined by either a single Judge or the Full Court, not both sequentially. Additionally, no error was shown by the judge in limiting discovery, which was within his discretion.

Parties
Applicant/appellant: Christopher Kidman Reid; Respondent: William Tan Nairn
Jurisdiction
Australia
Judgment Date
07 June 1985
Procedural Posture
Application for Leave to Appeal; Appeal From Refusal of Leave to Appeal / Dismissal of Application and Appeal as Incompetent
Outcome
Application for special leave to appeal and appeal from refusal of special leave dismissed as incompetent; costs to respondent.
Legal Topics
Application for Leave to Appeal, Appellate Procedure, Discovery of Documents, Interlocutory Judgments, Administrative Decisions (judicial Review)
Practice and Procedure Administrative Law Application for Leave to Appeal Appellate Procedure Discovery of Documents Interlocutory Judgments Administrative Decisions (judicial Review)

Case Brief

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Parties

Christopher Kidman Reid

Applicant/appellant

William Tan Nairn

Respondent

Procedural Posture

Application for Leave to Appeal; Appeal From Refusal of Leave to Appeal / Dismissal of Application and Appeal as Incompetent

Legal Issues

  1. 1 Whether a further application to the Full Court for special leave to appeal is competent after refusal by a single judge
  2. 2 Whether an appeal to the Full Court from refusal to grant special leave is competent
  3. 3 Whether the limitation of discovery was justified

Ratio Decidendi

Both applications were incompetent. Once an application for leave to appeal has been heard and determined by a single Judge, no further application for leave to the Full Court is competent, nor does an appeal lie from the refusal of leave by a single Judge. The statutory scheme contemplates leave being determined by either a single Judge or the Full Court, not both sequentially. Additionally, no error was shown by the judge in limiting discovery, which was within his discretion.

Court Disposition

Application for special leave to appeal and appeal from refusal of special leave dismissed as incompetent; costs to respondent.

Orders

  • The application for special leave to appeal be dismissed as incompetent.
  • The appeal from the refusal of Fisher J. as grant special leave to appeal be dismissed as incompetent.