Federal Court of Australia
Federal Court of Australia
Storry v Weir [2022] FCA 1484 Appeal from: Application for leave to appeal: Storry v Weir (No 2) [2022] FCA 1360
File number: QUD 423 of 2022
Judgment of: LOGAN J
Date of judgment: 30 November 2022
Catchwords: HIGH COURT AND FEDERAL COURT – appellate jurisdiction of the Federal Court of Australia – application for leave to appeal interlocutory judgment of single judge sitting in appellate jurisdiction – where single judge dismisses application to vary or set aside order on the basis it was obtained by fraud – whether dismissal of application interlocutory or final – whether Federal Court has jurisdiction to hear appeal from a single judge sitting an appellate jurisdiction Held: (1) an order dismissing an application to vary or set aside a judgment or order under r 39.05(b) of the Federal Court of Australia Rules 2011 (Cth) is interlocutory (2) only the High Court of Australia has jurisdiction to hear an appeal from a single judge of the Federal Court of Australia exercising appellate jurisdiction
Legislation: Constitution s 75 Federal Court of Australia Act 1976 (Cth) ss 24, 25, 33 Federal Court Rules 2011 (Cth) r 39.05
Cases cited: Storry v Weir [2022] FCA 794 Storry v Weir (No 2) [2022] FCA 1360 Weir v Storry [2022] FedCFamC2G 183
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
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