Federal Court of Australia
Federal Court of Australia
Miraki v El-Cheikh [2022] FCA 1570 Leave to Appeal from: Deputy Commissioner of Taxation v Miraki (Funds Paid out of Court) [2022] FCA 392
File number: NSD 366 of 2022
Judgment of: HESPE J
Date of judgment: 22 December 2022
Catchwords: PRACTICE AND PROCEDURE – application for extension of time and leave to appeal – where primary judge made interlocutory orders setting aside orders for the payment of moneys out of court – whether decision of primary judge attended with sufficient doubt – whether substantial injustice would result from refusal to grant leave
Legislation: Federal Court Rules 2011 (Cth) r 39.05
Cases cited: Bellamy's Australia Limited v Basil [2019] FCAFC 147; (2019) 372 ALR 638 Bou-Simon v Attorney-General (Cth) [2003] FCA 1303; (2003) 133 FCR 230 CCGF Holdings Pty Ltd v Coegi Group Pty Ltd [2020] FCA 1402 Deputy Commissioner of Taxation v Hua Wang Bank Berhad (No 2) [2010] FCA 1296 Deputy Commissioner of Taxation v Miraki [2022] FCAFC 96 Deputy Commissioner of Taxation v Miraki (Freezing Orders) [2021] FCA 1367 Deputy Commissioner of Taxation v Miraki (Funds Paid out of Court) [2022] FCA 392 Deputy Commissioner of Taxation v Miraki (Summary Judgment) [2021] FCA 1361 El‑Cheikh v Miraki (No 2) [2022] NSWCA 6 Elvin v Fair Work Ombudsman [2022] FCA 881 GPV18 v Minister for Home Affairs [2020] FCA 393 House v The King (1936) 55 CLR 499 JKB Holdings Pty Ltd v de la Vega [2013] NSWSC 501 Nationwide News Pty Limited v Rush [2018] FCAFC 70 Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 513 Zoo Sport (Europe) Ltd v Zoo International Pte Ltd (No 2) [2020] FCA 755
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