Truth About Motorways Pty Limited v Macquarie Infrastructure Investment Management Limited [2001] FCA 1231

FEDERAL COURT OF AUSTRALIA

Truth About Motorways Pty Limited v Macquarie Infrastructure Investment Management Limited [2001] FCA 1231

PRACTICE AND PROCEDURE – application for extension of time to appeal from interlocutory orders – procedural delay – whether satisfactory explanation – need for expedition and promptness by parties in appeals on matters of practice and procedure – application for extension of time refused. PRACTICE AND PROCEDURE – leave to appeal – judicial discretion under s 56 of the Federal Court of Australia Act 1976 to order security for costs – nature of discretion – no error shown in circumstances. PRACTICE AND PROCEDURE – costs – order for security for costs – leave to appeal – 'public interest litigation' – no reasonably arguable error of principle. Trade Practices Act 1974 Federal Court of Australia Act 1976 s 56 Truth About Motorways Pty Ltd v Macquarie Infrastructure Investment Management Ltd (2000) 169 ALR 616 referred to Knight v FP Special Assets (1992) 174 CLR 178 referred to Oshlack v Richmond River Council (1998) 193 CLR 72 referred to CDJ v VAJ (1998) 197 CLR 172 referred to FAI General Insurance v Southern Cross Explorations NL (1988) 165 CLR 268 referred to Hyman v Rose [1912] AC 623 referred to Owners of "Shin Kobe Maru" v Empire Shipping (1994) 181 CLR 404 referred to David Grant and Co v Westpac (1995) 184 CLR 265 referred to PMT Partners v Australian National Parks and Wildlife (1995) 184 CLR 301 referred to Emanuelle v ASC (1997) 188 CLR 114 referred to Patrick Stevedores v MUA (1998) 195 CLR 1 referred to Abebe v Commonwealth (1999) 197 CLR 510 referred to House v The King (1936) 55 CLR 499 referred to Kuswardana v Minister for Immigration and Ethnic Affairs (1981) 35 ALR 186 referred to Qantas Airways v Cameron (1997) 148 ALR 378 referred to South West Forest Defence Foundation Inc v Department of Conservation and Land Management [1998] HCA 35 referred to Botany Bay Council v Minister of State for Transport and Regional Development [1999] FCA 65 referred to Truth About Motorways Pty Limited v Macquarie Infrastructure Investment Management Limited NG 833 of 1997 HILL, LINDGREN and ALLSOP JJ 18 SEPTEMBER 2001 SYDNEY