Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mandhan v Toyota Finance Australia Limited [2020] FCA 400 Appeal from: Application for leave to appeal: Mandhan v Toyota Finance Australia Limited [2019] FCA 2124; and Mandhan v Toyota Finance Australia Limited (No 2) [2020] FCA 3
File numbers: SAD 7 of 2020 SAD 16 of 2020
Judge: WHITE J
Date of judgment: 26 March 2020
Catchwords: PRACTICE AND PROCEDURE – applications for leave to appeal against interlocutory judgments of a Judge of this Court – s 24(1A) of the Federal Court of Australia Act 1976 (Cth) – primary Judge dismissed interlocutory application of the Applicant seeking summary dismissal of a cross-claim brought by the Respondent – primary Judge dismissed interlocutory application for joinder – whether there is sufficient doubt about the correctness of the primary Judge's decisions – whether substantial injustice to Applicant if leave refused – leave to appeal refused on both applications.
Legislation: Crimes Act 1914 (Cth) ss 35, 41 Federal Court of Australia Act 1976 (Cth) ss 24(1A), 31A National Credit Code s 101 Federal Court Rules 2011 (Cth) r 9.05
Cases cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc [1981] HCA 39; (1981) 148 CLR 170 Barkla v Allianz Australia Insurance Ltd [2018] FCA 563 Cabcharge Australia Ltd v Australian Competition and Consumer Commission [2010] FCAFC 111 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Johnson Tiles Pty Ltd v Esso Australia Ltd [2000] FCA 1572; (2000) 104 FCR 564 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30 Oswal v Burrup Fertilisers Pty Ltd (recs and mgrs. apptd) [2011] FCAFC 117 Rahman v Commissioner of Taxation [2018] FCAFC 54 Review Australia Pty Ltd v Redberry Enterprise Pty Ltd [2003] FCA 1009; (2003) 58 IPR 366 Seven Network Ltd v News Ltd [2005] FCAFC 125; (2005) 144 FCR 379
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