Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Budd v Federal Privacy Commissioner [2005] FCA 1478 PAMELA JOAN BUDD v FEDERAL PRIVACY COMMISSIONER NSD 1768 of 2005 BRANSON J 18 OCTOBER 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1768 of 2005
BETWEEN: PAMELA JOAN BUDD
APPLICANT
AND: FEDERAL PRIVACY COMMISSIONER
RESPONDENT
JUDGE: BRANSON J
DATE OF ORDER: 18 OCTOBER 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The applicant's application for leave to appeal from the interlocutory judgment of Hely J be dismissed.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1768 of 2005
BETWEEN: PAMELA JOAN BUDD
APPLICANT
AND: FEDERAL PRIVACY COMMISSIONER
RESPONDENT
JUDGE: BRANSON J
DATE: 18 OCTOBER 2005
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 On 22 September 2005 the applicant filed a notice of motion seeking leave to appeal from an interlocutory judgment published by Hely J on 2 September 2005. His Honour, in reliance on O 35A r 3(1)(a) of the Federal Court Rules, dismissed an application for an order of review filed by the applicant on 15 March 2005. 2 The applicant requires an extension of time within which to make her application for leave to appeal (O 52 r 10(2A)). If I were satisfied that an appeal from the interlocutory judgment of Hely J had any prospect of success I would grant the applicant the extension of time required to allow her to press her application for leave to appeal. 3 However, I am satisfied that no appellable error attends the interlocutory judgment of Hely J. His Honour was alert to the problems faced by the applicant and made sympathetic allowance for them. No error of principle can be seen to have affected his Honour's conclusion that, notwithstanding the applicant's problems, six months was ample opportunity for her to get legal advice and present an intelligible case for the respondent to answer. She did not present, and still has not presented, an intelligible case for the respondent to answer.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate