Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chaw v Jenkinson [2017] FCA 1292 Appeal from: Application for leave to appeal: Chaw v Jenkinson [2016] FCCA 2916
File number(s): NSD 2024 of 2016
Judge(s): PERRY J
Date of judgment: 6 November 2017
Catchwords: CONSUMER LAW –Application for leave to appeal decision of Federal Circuit Court summarily dismissing application on grounds of abuse of process and no reasonable prospects of success – no appellable error identified – application for leave to appeal dismissed
Legislation: Competition and Consumer Act 2010 (Cth) Schedule 2, ss 18, 236 Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) s 24 Trade Practices Act 1974 (Cth) Federal Circuit Court Rules 2001 (Cth) r 13.10 Uniform Civil Procedure Rule 2005 (NSW) r 13.4
Cases cited: Applicant S1494/2003 v Minister for Immigration and Citizenship [2008] FCA 286; (2008) 166 FCR 474 Jamal v Secretary, Department of Social Services [2017] FCA 916 Chaw v Jenkinson [2016] FCCA 2916 Chaw v Jenkinson and Coverall Services Pty Ltd [2016] NSWCATAP 174 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 House v R (1936) 55 CLR 499 Jenkinson v Chaw [2015] NSWCATAP 127 Nyoni v Chee Koon Hee (No 2) [2014] FCA 83 Rawson Finances Pty Ltd v Commissioner of Taxation [2010] FCAFC 139 Spencer v Commonwealth (2010) 241 CLR 118
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