Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Shockthorap v Electricity Network Corporation [2019] FCA 619 Appeal from: Application for extension of time and leave to appeal: Shockthorap v Electricity Network Corporation (t/as Western Power) [2018] FCCA 1706
File number: WAD 329 of 2018
Judge: BANKS-SMITH J
Date of judgment: 6 May 2019
Catchwords: PRACTICE AND PROCEDURE - application for extension of time and for leave to appeal - where primary judge summarily dismissed application on the basis that the proceedings had no reasonable prospects of success - where basis of dismissal was settlement agreement - where applicant seeks to challenge any settlement on basis vitiated by incorrect legal advice - whether there is a genuine question as to whether advice given in the presence of first respondent's lawyers - where applicant claimed no settlement agreed as alleged - where applicant claimed any settlement agreement was abandoned - whether primary judge's decision is attended by sufficient doubt to warrant reconsideration - whether substantial justice would result if leave were denied - extension of time granted - leave to appeal granted in part
Legislation: Fair Work Act 2009 (Cth) Federal Circuit Court of Australia Act 1999 (Cth) s 17A Federal Court of Australia Act 1976 (Cth) s 24(1A) Federal Circuit Court Rules 2001 (Cth) r 45.06, 45.07, 45.08 Federal Court Rules 2011 (Cth) r 35.13
Cases cited: Cedar Meats (Aust) Pty Ltd v Five Star Lamb Pty Ltd [2014] VSCA 32 Decor Corporation Pty Ltd v Dart Industries Inc [1991] FCA 844; (1991) 33 FCR 397 Dennis v Commonwealth Bank of Australia [2018] FCA 1908 Deputy Commissioner of Taxation v Revolve Limited [2012] FCA 555 Fazio v Fazio [2012] WASCA 72 Hunter Valley Developments Pty Ltd v Cohen, Minister for Home Affairs and Environment [1984] FCA 186; (1984) 3 FCR 344 Jefferson Ford Pty Ltd v Ford Motor Company of Australia Limited [2008] FCAFC 60; (2008) 167 FCR 372 Johnson Tiles Pty Ltd v Esso Australia Pty Ltd [2000] FCA 1572; (2000) 104 FCR 564 Masters v Cameron (1954) 91 CLR 353 McRae v Commonwealth Disposals Commission (1951) 84 CLR 377 Minogue v Williams [2000] FCA 125 NASB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 24 National Australia Bank Limited v Sayed (No 4) [2015] NSWSC 420 Plankton Australia Pty Limited v Rainstorm Dust Control Pty Limited [2018] FCA 174 Plankton Australia Pty Limited v Rainstorm Dust Control Pty Limited [2018] FCAFC 205 Samsung Electronics Co Limited v Apple Inc [2011] FCAFC 156; (2011) 217 FCR 238 Taylor v Johnson (1983) 151 CLR 422 Vassallo Construction Pty Ltd v Andergrove Lakes Pty Ltd [2014] FCA 862 Wallera Pty Ltd v CGM Investments Pty Ltd [2003] FCAFC 279 Waters v Commonwealth of Australia (Australian Taxation Office) [2017] FCA 1199 Wills v Australian Broadcasting Corporation [2009] FCAFC 6
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