Nandutu v University of Sydney [2020] FCA 1797

Federal Court of Australia

Nandutu v University of Sydney [2020] FCA 1797 Appeal from: Application for extension of time for leave to appeal or to appeal: Nandutu v University of Sydney [2019] FCCA 2754

File number: NSD 1547 of 2019

Judgment of: STEWART J

Date of judgment: 14 December 2020

Catchwords: PRACTICE AND PROCEDURE – application seeking extension of time for leave to appeal or to appeal orders made by the Federal Circuit Court of Australia – where applicant failed to appear – whether application should be dismissed under r 35.33(1)(a)(i) of the Federal Court Rules 2011 (Cth) – whether applicant had proper notice of listing – application dismissed

Legislation: Australian Human Rights Commission Act 1986 (Cth) s 46PO(3A) Federal Court Rules 2011 (Cth) rr 11.01(5), 35.33(1)(a)(i)

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 13

Date of hearing: 14 December 2020

Counsel for the Applicant: The applicant did not appear

Counsel for the Respondents: M Gaven

Solicitor for the Respondents: MinterEllison

ORDERS NSD 1547 of 2019

BETWEEN: SUSAN KANA NANDUTU Applicant

AND: UNIVERSITY OF SYDNEY First Respondent

SIMON CHAPMAN Second Respondent

order made by: STEWART J DATE OF ORDER: 14 december 2020

THE COURT ORDERS THAT:

1. The applicant's application for an extension of time to seek leave to appeal or to appeal from an order of the Federal Circuit Court is dismissed. 2. The applicant is to pay the respondents' costs as agreed or taxed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.