Kirunda v Commissioner of Police, New South Wales Police Force [2017] FCA 735

FEDERAL COURT OF AUSTRALIA

Kirunda v Commissioner of Police, New South Wales Police Force [2017] FCA 735 File number: NSD 1393 of 2016

Judge: GRIFFITHS J

Date of judgment: 30 June 2017

Catchwords: PRACTICE AND PROCEDURE – application for extension of time and leave to appeal from a decision of the Federal Circuit Court of Australia – where applicant filed interlocutory application out of time – whether applicant provided satisfactory explanation for delay – whether applicant's proposed grounds of appeal warrant leave to appeal – whether applicant was denied procedural fairness by the primary judge – whether primary judge failed to take into account self-represented status of the applicant – whether primary judge erred in declining to set aside earlier costs order Held – application dismissed provisionally with costs and subject to any further submissions by the parties on costs PRACTICE AND PROCEDURE – application for leave to adduce further evidence Held – leave to adduce further evidence granted

Legislation: Australian Human Rights Commission Act 1986 (Cth) ss 46PH, 46PO Federal Circuit Court of Australia Act 1999 (Cth) Government Information (Public Access) Act 2009 (NSW) Racial Discrimination Act 1975 (Cth) Federal Circuit Court Rules 2001 (Cth) r 13.03C Federal Court Rules 2011 (Cth) rr 34.24, 35.13

Cases cited: ALE16 v Minister for Immigration and Border Protection [2017] FCA 115 Brimson v Rocla Concrete Pipes Ltd [1982] 2 NSWLR 937 Charles v Fuji Xerox Australia Ltd [2000] FCA 1531; 105 FCR 573 Hamod v New South Wales [2011] NSWCA 375 MZAGE v Minister for Immigration and Border Protection [2016] FCA 630 SZRUR v Minister for Immigration and Border Protection [2013] FCAFC 146; 216 FCR 445 Trevor (Liquidator) v Evans [2017] FCAFC 36