Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mbuzi v Tredwell [2017] FCA 1137 File number: QUD 162 of 2017
Judge: COLLIER J
Date of judgment: 22 September 2017
Catchwords: ADMINISTRATIVE LAW – judicial review of Registrar's decision to refuse to accept application for extension of time and leave to appeal for filing – whether Registrar erred in concluding that proposed appeal was an abuse of process – whether a procedural direction is a judgment for the purposes of ss 24(1)(a) and 24(1A) Federal Court Act 1976 (Cth) – error of law made by Registrar – proposed application for extension of time and leave to appeal has no prospects of success – relief refused in exercise of discretion
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5(1)(c), 5(1)(d), 5(1)(f), 16(1) Federal Court of Australia Act 1976 (Cth) ss 4, 24(1)(a), 24(1A) Federal Court Rules 2011 (Cth) r 2.26
Cases cited: Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Mbuzi v AGL Retail Energy Limited [2016] FCA 590 Mbuzi v AGL Retail Energy Ltd [2017] FCA 617 Mbuzi v AGL Retail Energy Ltd [2017] FCA 719 Mbuzi v Baldwin [2016] FCA 1314 Samsung Electronics Company Ltd v Apple Inc [2011] FCAFC 156; (2011) 217 FCR 238 Spirits International B.V. v Federal Treasury Enterprise (FKP) Sojuzplodoimport [2011] FCAFC 69
Date of hearing: Determined on the papers
Date of last submissions: 5 May 2017 (Applicant)
Registry: Queensland
Division: General Division
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