Saffari v Amazon.com, Inc (No 4) [2022] FCA 1132

Federal Court of Australia

Saffari v Amazon.com, Inc (No 4) [2022] FCA 1132 File number: NSD 195 of 2021

Judgment of: CHEESEMAN J

Date of judgment: 23 September 2022

Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal two interlocutory decisions of the Federal Circuit Court of Australia (now the Federal Circuit and Family Court of Australia) – where applicant alleges denial of procedural fairness in Circuit Court proceedings – whether primary judgments attended by sufficient doubt to warrant grant of leave – whether substantial injustice would result from a refusal of leave – Held: application dismissed with costs. PRACTICE AND PROCEDURE – application for a temporary stay pending application for special leave to appeal to the High Court of Australia from interlocutory judgment in relation to issues of service – where the prospect that special leave would be granted was poor based on the substance of the applicant's argument and in circumstances where the proposed appeal concerned an issue of practice and procedure – where the balance of convenience favoured the stay being refused – where the judgments in the Circuit Court are not final determinations of the applicant's claims – whether the interests of justice served by granting a stay – Held: application refused.

Legislation: Federal Court of Australia Act 1976 (Cth) s 23 Federal Court Rules 2011 (Cth) r 1.32

Cases cited: Burnett v Browne (No 2) [2019] FCA 1597 Deputy Commissioner of Taxation v Miraki [2022] FCAFC 96 Jennings Construction Limited v Burgundy Royale Investments Proprietary Limited (1986) 161 CLR 681; [1986] HCA 84 National Road Transport Association Ltd v Road Safety Remuneration Tribunal (No 2) [2016] FCAFC 58 Obeid v The Queen (2016) 90 ALJR 447; [2016] HCA 9 Shaw v Official Trustee in Bankruptcy of the Australian Financial Security Authority [2022] FCA 775