Poyton v Retailworld Resourcing Australia Limited Partnership [2016] FCA 494

FEDERAL COURT OF AUSTRALIA

Poyton v Retailworld Resourcing Australia Limited Partnership [2016] FCA 494 Appeal from: Poyton v Retailworld Resourcing Australia Limited Partnership [2016] FCCA 1297

File number: QUD 363 of 2016

Judge: LOGAN J

Date of judgment: 8 July 2016

Catchwords: PRACTICE AND PROCEDURE – extension of time application for leave to appeal from summary dismissal pursuant to r 13.10(a) of Federal Circuit Court Rules 2001 – whether reasonable apprehension of bias – fallacious argument – no or colourable causes of action – no prospects of success – application dismissed CONSUMER LAW – whether applicant has any unqualified or any causes of action under Privacy Act 1988 (Cth) or Spam Act 2003 (Cth) – whether associated with matter arising under Australian Consumer Law – whether jurisdiction thereby conferred on Federal Circuit Court – invocation of Federal Circuit Court jurisdiction under Australian Consumer Law established if causes of action arise out of same matter – no causes of action under Privacy Act 1988 (Cth) or Spam Act 2003 (Cth) – application dismissed

Legislation: Acts Interpretation Act 1901 (Cth) s 15C Competition and Consumer Act 2010 (Cth) ss 4, 18, 29(g), 29(m), 34, 138A, 151(g), 151(m), 156 Federal Circuit Court of Australia Act 1999 (Cth) ss 10(1), 10(1)(a), 10(1)(b), 17A, 17A(1)(a), 18, 31A Federal Circuit Court Rules 2001 (Cth) rr 13.10, 13.10(a) Federal Court of Australia Act 1976 (Cth) ss 18, 24(1A), 24(1D)(ca), 32, 32AB Federal Court Rules 2011 (Cth) r 35.13(a) Judiciary Act 1903 (Cth) ss 39(2), 39B(1A)(c) Privacy Act 1988 (Cth) ss 6, 55A, Sch 1 Spam Act 2003 (Cth) ss 6, 16, 18, 26, 28, 32, 39