Winn v Leigh [2016] FCA 683

FEDERAL COURT OF AUSTRALIA

Winn v Leigh [2016] FCA 683 Appeal from: Application for extension of time and leave to appeal: Winn v Leigh [2014] FCCA 573

File number: QUD 833 of 2015

Judge: COLLIER J

Date of judgment: 9 June 2016

Catchwords: PRACTICE AND PROCEDURE – application for extension of time and leave to appeal – decision of Federal Circuit Court – whether application for extension of time and leave to appeal should be dismissed under r 35.32 of the Federal Court Rules 2011 for want of prosecution – whether failure to comply with programming directions – submissions did not address merits of the substantive issue – amended index substantially different from index previously filed – amendments made to the index not marked up – chronology included controversial and irrelevant facts and did not make reference to the appeal book – applicant has a history of non-compliance – applicant is legally qualified – release from undertaking – application dismissed

Legislation: Bankruptcy Act 1966 (Cth) Federal Circuit Court Rules 2001 (Cth) rr 13.03A(1)(a), 13.03A(1)(b), 13.03A(1)(e), 16.05(2)(a) Federal Court Rules 2011 (Cth) rr 35.32, 36.55

Cases cited: Agar v Hyde (2000) 201 CLR 552 Ashby v Slipper [2016] FCAFC 63 AZAEY v Minister for Immigration and Border Protection [2015] FCAFC 193 Burton v Shire of Bairnsdale (1908) 7 CLR 76 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Dey v Victorian Railways Commissioners (1949) 78 CLR 62 Flashback Holdings Pty Ltd v Showtime DVD Holdings Pty Ltd (No 4) [2009] FCA 461 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Lenijamar Pty Ltd v AGC (Advances) Ltd (1990) 27 FCR 388 Smith v Barron (2004) 139 FCR 566 Spencer v Commonwealth of Australia (2010) 241 CLR 118 Winn v Leigh [2014] FCA 518 Winn v Leigh [2015] FCCA 2256 Winn v Leigh (No 2) [2016] FCCA 1292 Winn v Leigh [2016] FCA 319 Winn v Leigh [2016] FCA 320 Woods v Harwin [1993] NSWCA 291