Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ejueyitsi v Deakin University [2013] FCA 1272 Citation: Ejueyitsi v Deakin University [2013] FCA 1272
Appeal from: Application for leave to appeal: Ejueyitsi v Deakin University [2013] FCCA 1034
Parties: VINCENT EJUEYITSI v DEAKIN UNIVERSITY
File number(s): VID 904 of 2013
Judge(s): PAGONE J
Date of judgment: 28 November 2013
Catchwords: PRACTICE AND PROCEDURE – extension of time to seek leave to appeal – leave to appeal filed out of time – whether decision dismissing a proceeding for want of prosecution is interlocutory or final – erroneous belief as to time to bring an appeal or leave to appeal. PRACTICE AND PROCEDURE – leave to appeal from interlocutory decision – dismissal of application for failure to prosecute – whether the decision is attended with sufficient doubt to warrant reconsideration – whether substantial injustice would result if leave were refused.
Legislation: Computer Edge Pty Ltd v Apple Computer Inc (1984) 54 ALR 767 National Mutual Life Association of Australasia Ltd v Grosvenor Hill (Qld) (2001) 183 ALR 700 Decor Corp Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Niemann v Electronic Industries Limited [1978] VR 471 Perananthasivam v Telstra Corporation Ltd [2007] FCA 1584
Cases cited: Competition and Consumer Act 2010 (Cth) Federal Court of Australia Act 1999 (Cth) ss 24(1A), 24(1D) Federal Court Rules 2011 (Cth) rr 35.13(a), 36.03(a)
Date of hearing: 15 November 2013
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