Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Repacholi Aviation Pty Ltd v Civil Aviation Safety Authority [2010] FCA 994
Citation: Repacholi Aviation Pty Ltd v Civil Aviation Safety Authority [2010] FCA 994
Appeal from: Application for extension of time: Repacholi Aviation Pty Ltd v Civil Aviation Safety Authority [2009] FCA 1487
Parties: REPACHOLI AVIATION PTY LTD (ACN 009 054 022) and GERALD KEITH REPACHOLI v CIVIL AVIATION SAFETY AUTHORITY and TERRY FARQUHARSON
File number: WAD 12 of 2010
Judge: GILMOUR J
Date of judgment: 10 September 2010
Catchwords: PRACTICE AND PROCEDURE - application for extension of time and leave to appeal from interlocutory judgment refusing further amendments to statement of claim - whether decision attended with sufficient doubt to warrant reconsideration by a Full Court - numerous attempts to replead statement of claim - arguable merits in pleadings - limited leave granted.
Legislation: Civil Aviation Act 1988 (Cth) s 8 Civil Aviation Regulations 1988 Federal Court Rules O 11 r 16, O 20 Federal Court of Australia Act 1976 (Cth) s 31A
Cases cited: Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 followed Hogan v Australian Crime Commission (2009) 177 FCR 205 referred to Murdesk Investments Pty Ltd v Roads Corporation [2005] VSC 39 Murex Diagnostics Australia Pty Limited v Chiron Corporation (1995) 55 FCR 194 cited Mutual Life & Citizens' Assurance Co Ltd v Evatt (1970) 122 CLR 628 cited Northern Territory v Mengel (1995) 185 CLR 3 cited Onus v Alcoa of Australia Ltd [1982] 149 CLR 27 cited Orchard v Comrie (1998) 80 IR 76 cited Pancontinental Mining Ltd v Posgold Investments Pty Ltd (1994) 121 ALR 405 cited Sharman License Holdings Ltd v Universal Music Australia Pty Ltd [2005] FCA 802 followed Turner v Kinian Pty Ltd [1992] FCA 625 cited
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