Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ezekiel-Hart v Law Society of the Australian Capital Territory [2013] FCA 725 Citation: Ezekiel-Hart v Law Society of the Australian Capital Territory [2013] FCA 725
Parties: EMMANUEL TAM. EZEKIEL-HART v THE LAW SOCIETY OF THE AUSTRALIAN CAPITAL TERRITORY, ROBERT REIS, LARRY KING and RODNEY BARNETT
File number: ACD 55 of 2013
Judge: YATES J
Date of judgment: 26 July 2013
Catchwords: PRACTICE AND PROCEDURE – application for an extension of time within which to seek leave to appeal – application for leave to appeal from dismissal of proceeding and refusal to grant leave to amend statement of claim – whether sufficient discretionary reason for time to be extended in the circumstances – whether decision attended with sufficient doubt to warrant it being reconsidered by a Full Court – whether commencement of the proceeding at first instance was an abuse of the Court's process – whether controversy between the parties had been quelled in previous proceedings in another court – whether form of proposed amendment raised arguable basis for relief
Legislation: Competition and Consumer Act 2010 (Cth) Federal Court Rules 2011 (Cth) rr 16.21(1), 26.01(1), 35.13(a) Legal Profession Act 2006 (ACT) s 587A
Cases cited: Decor Corporation Pty Ltd and Another v Dart Industries Inc (1991) 33 FCR 397 Ezekiel-Hart v Law Society of the Australian Capital Territory [2013] FCA 257 McKellar and Another v Container Terminal Management Services Ltd and Others (1999) 165 ALR 409 Spalla v St George Motor Finance Ltd (No 6) [2004] FCA 1699 The State of Queensland and Another v J L Holdings Pty Limited (1997) 189 CLR 146 Toben v Jones (2012) 298 ALR 203 Truth About Motorways Pty Ltd v Macquarie Infrastructure Investment Management Ltd (1998) 42 IPR 1
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