Federal Court of Australia
Federal Court of Australia
Natch v Stennson Pty Ltd [2022] FCA 641 Appeal from: Application for extension of time and leave to appeal from orders dated 27 October 2021 in proceeding number VID 569 of 2019
File number(s): VID 720 of 2021
Judgment of: O'CALLAGHAN J
Date of judgment: 2 June 2022
Catchwords: PRACTICE AND PROCEDURE – application for extension of time and for leave to appeal – where judge ordered that applicants have leave to discontinue their claims against respondent on the condition that applicants pay respondent's costs – whether House v The King (1936) 55 CLR 499 error established – application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1A) Federal Court Rules 2011 (Cth) rr 26.12(7), 36.05 Building Act 1993 (Vic) Building Regulations 2018 (Vic)
Cases cited: Dalian Huarui Heavy Industry International Co Ltd v Duro Felguera Australia Pty Ltd [2018] FCA 905 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 House v The King (1936) 55 CLR 499 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1998) 186 CLR 622 WA Property Holdings Pty Ltd v Colliers International (WA) Pty Ltd [2016] FCA 1089
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