Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Winn v Leigh [2016] FCA 319 Appeal from: Application for extension of time and leave to appeal: Winn v Leigh [2014] FCCA 573
File number: QUD 1092 of 2015
Judge: COLLIER J
Date of judgment: 1 April 2016
Catchwords: PRACTICE AND PROCEDURE – application for extension of time and leave to appeal from decision of Federal Circuit Court – leave to discontinue refused – application dismissed – abuse of process – costs awarded against applicant on standard basis
Legislation: Federal Court of Australia Act 1976 (Cth) s 43(2) Federal Court Rules 2011 (Cth) rr 26.12, 26.12(7), 30.25
Cases cited: Ashby v Slipper [2014] FCA 973 Coshott v Prentice [2014] FCAFC 88 Oil Basins Limited v Watson [2014] FCAFC 154 Oshlack v Richmond River Council (1998) 193 CLR 72 Winn v Leigh [2014] FCA 518
Date of hearing: 23 March 2016
Registry: Queensland
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 21
Counsel for the Applicant: The Applicant appeared in person
Counsel for the Respondent: Ms AL Wheatley
Solicitor for the Respondent: RBG Lawyers
ORDERS QUD 1092 of 2015
BETWEEN: JULENE WINN Applicant
AND: DAVID JOHN LEIGH Respondent
JUDGE: COLLIER J DATE OF ORDER: 1 APRIL 2016
THE COURT ORDERS THAT:
1. The application for extension of time and leave to appeal filed on 2 December 2015 be dismissed. 2. Ms Winn pay the costs of the respondent of and incidental to the proceeding, to be taxed if not otherwise agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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