Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Vel v Human Rights & Equal Opportunity Commission [2000] FCA 1940
JURISDICTION – application for leave to appeal from a judgment refusing leave to appeal – a single judge hearing an application for leave to appeal exercises appellate jurisdiction – Court has no jurisdiction to hear appeal from a judgment refusing leave to appeal – discretion not to award costs – applicant had no legal advice and genuine sense of grievance. Thomas Borthwick & Sons (Pacific Holdings) Ltd v Trade Practices Commission (1988) 18 FCR 424, cited Wati v Minister for Immigration & Multicultural Affairs (1997) 78 FCR 543, cited
PETER VEL v HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION AND THE COMMONWEALTH N825 of 2000
MADGWICK J 4 DECEMBER 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N825 of 2000
BETWEEN: PETER VEL
APPLICANT
AND: HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION
FIRST RESPONDENT
THE COMMONWEALTH
SECOND RESPONDENT
JUDGE: MADGWICK J
DATE OF ORDER: 4 DECEMBER 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N825 OF 2000
BETWEEN: PETER VEL
APPLICANT
AND: HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION
FIRST RESPONDENT
THE COMMONWEALTH
SECOND RESPONDENT
JUDGE: MADGWICK J
DATE: 4 DECEMBER 2000
PLACE: SYDNEY
REASONS FOR JUDGMENT (revised from transcript) HIS HONOUR: 1 This is an application for an extension of time in which to file and serve a notice of appeal from a judgment of Lehane J given on 31 October 1997. The application was filed on 31 July 2000. 2 The judgment of Lehane J was given in respect of a notice of motion filed on 12 September 1997 by the present applicant, Mr Peter Vel. Before Lehane J, the applicant sought leave under O 52 r 15(2) of the Federal Court Rules to file and serve a notice of appeal from an order made by Branson J on 16 April 1997. By that order Branson J had refused an application for an extension of time within which Mr Vel might lodge an application for an order of review under the Administrative Decisions (Judicial Review) Act (1977) (Cth)of a decision of the first respondent, the Human Rights & Equal Opportunity Commission ("the Commission"), dated 31 December 1990.
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