Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ibrahim v Considine Architect [2008] FCA 1819
PRACTICE AND PROCEDURE - application for extension of time for leave to appeal - no explanation for delay - consideration of likelihood of leave to appeal being granted - decision below not attended with sufficient doubt - no substantial injustice if leave not granted. Trade Practices Act 1974 (Cth) s 52 Federal Court Rules 1976 (Cth) O 52 r 10(2A)(b) Deighton v Telstra Corp Ltd [1997] FCA 1568 Décor Corp Pty Ltd v Dart Industries Inc (1991) 33 FCR 39 Ibrahim v Considine Architect [2008] FMCA 1148 TAREK IBRAHIM v CONSIDINE ARCHITECT
WAD 201 of 2008
GILMOUR J
1 DECEMBER 2008
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 201 of 2008
ON APPEAL FROM A FEDERAL MAGISTRATE BETWEEN: TAREK IBRAHIM
Appellant
AND: CONSIDINE ARCHITECT
Respondent
JUDGE: GILMOUR J
DATE OF ORDER: 1 DECEMBER 2008
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The application for an extension of time for leave to appeal be refused. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 201 of 2008
ON APPEAL FROM A FEDERAL MAGISTRATE BETWEEN: TAREK IBRAHIM
Appellant
AND: CONSIDINE ARCHITECT
Respondent
JUDGE: GILMOUR J
DATE: 1 DECEMBER 2008
PLACE: PERTH
REASONS FOR JUDGMENT 1 The appellant has filed a Notice of Appeal from the judgement of Federal Magistrate Lucev: Ibrahim v Considine Architect [2008] FMCA 1148. There, Lucev FM dismissed the appellant's motion to set aside an order dismissing the appellant's original application. 2 The decision appealed from is in fact an interlocutory judgment and requires leave. I will accordingly treat the Notice of Appeal as an application for leave to appeal. The Notice has also been filed out of time and the applicant now seeks an extension of time.
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