Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nyoni v Chee Koon Hee (No 2) [2014] FCA 83 Citation: Nyoni v Chee Koon Hee (No 2) [2014] FCA 83
Appeal from: Nyoni v Chee Koon Hee (No 4) [2013] FCA 948
Parties: EMSON NYONI v CHEE KOON HEE, DEVESH SHETH, FRANK PECZKA, DARREN FRIEND, RAYMOND GRIFFITHS, ANDREW VAN BALLEGOOYEN, CK CHEE PTY LTD, ALLEASING PTY LTD, CHIEF EXECUTIVE OFFICER OF HEALTH WA, JILLIAN MURPHY, SHIRE OF KELLERBERRIN and THERESA BEECH
File number: WAD 382 of 2013
Judge: MCKERRACHER J
Date of judgment: 18 February 2014
Catchwords: PRACTICE AND PROCEDURE – application for extension of time to apply for leave to appeal – application for leave to appeal – insufficient evidence to support grounds of appeal – applications refused PRACTICE AND PROCEDURE - application for injunction restraining Supreme Court of Western Australia proceedings – no jurisdiction – application refused COSTS – whether indemnity costs should be awarded – unreasonableness driven by ignorance and misconception – indemnity costs refused
Legislation: Federal Court Rules 2011 (Cth) rr 35.14, 40.02(a)
Cases cited: Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Hamod v New South Wales (2002) 188 ALR 659 Niemann v Electronic Industries Ltd [1978] VR 431 Ninan v Valuer-General of Western Australia (No 2) [2013] FCA 1180 Nyoni v Chee Koon Hee (No 4) [2013] FCA 943 Nyoni v Chee Koon Hee [2013] FCA 1120 Rawson Finances Pty Ltd v Deputy Commissioner of Taxation (2010) 81 ATR 36
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