Nyoni v Pharmacy Board of Australia [2018] FCA 1707

FEDERAL COURT OF AUSTRALIA

Nyoni v Pharmacy Board of Australia [2018] FCA 1707 Appeal from: Application for leave to appeal: Nyoni v Pharmacy Board of Australia [2018] FCA 1313

File number: WAD 408 of 2018

Judge: MCKERRACHER J

Date of judgment: 8 November 2018

Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal – application seeking to appeal an interlocutory decision made by a single judge exercising appellate jurisdiction – where the Federal Court lacked jurisdiction to hear and determine the proposed appeal – application treated as an application to vary or set aside the interlocutory orders pursuant to s 25(2B)(bc) of the Federal Court of Australia Act 1976 (Cth) – application dismissed.

Legislation: Federal Court of Australia Act 1976 (Cth) ss 25(2B)(ab), 25(2B)(bc), 37M, 56 Federal Court Rules 2011 (Cth) r 39.05 Supreme Court Act 1970 (NSW) ss 46(2)(b), 46(4)

Cases cited: AAI15 v Minister for Immigration and Border Protection [2018] FCA 1110 Australian Securities and Investments Commission v ActiveSuper Pty Ltd (No 4) [2013] FCA 318 Australian Securities and Investments Commission v Yandal Gold [2003] FCA 77 Burrell v The Queen (2008) 238 CLR 218 Campaign Master (UK) Limited v Forty Two International Pty Ltd (No 4) [2010] FCA 398 Dunstan v Human Rights and Equal Opportunity Commission [2007] FCA 1326 Finch v Heat Group Pty Ltd (No 3) [2016] FCA 102 Fokas v Mansfield (No 3) [2017] NSWCA 315 Mulholland v Australian Electoral Commission (No 2) [2014] FCA 917 Perre v Apand [2004] FCA 1220 Spencer v Commonwealth (No 2) (2017) 249 FCR 246