Webb v Commonwealth of Australia (No 3) [2023] FCA 558

Federal Court of Australia

Webb v Commonwealth of Australia (No 3) [2023] FCA 558 Appeal from: Application for extension of time and leave to appeal from: Webb v Commonwealth of Australia [2021] FCA 1215 Webb v Commonwealth of Australia (No 2) [2022] FCA 89

File number: NSD 922 of 2022

Judgment of: BROMWICH J

Date of judgment: 30 May 2023

Date of publication of reasons: 5 June 2023

Catchwords: PRACTICE AND PROCEDURE: application for extension of time and leave to appeal from interlocutory orders by a judge of this Court, pursuant to rule 35.14 of the Federal Court Rules 2011 (Cth) – where the applicant brought proceedings against the Commonwealth for defamation – where the primary judge struck out the applicant's statement of claim, with costs, upon the basis that it failed to disclose a reasonable cause of action – where leave was granted to replead – where the primary judge summarily dismissed the proceeding with costs, upon the basis that the amended statement of claim, filed pursuant to the leave to replead, had no reasonable prospects of success – consideration whether the judgments below were attended with sufficient doubt to warrant reconsideration by a Full Court – whether there is a sufficient basis for extension of time – held: the application for leave to appeal and extension of time be dismissed with costs

Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1A) Federal Court Rules 2011 (Cth) r 35.13(a) Defamation Act 2005 (NSW) s 27(2)(b)

Cases cited: Banque Commerciale SA (in liq) v Akhil Holdings Ltd (1990) 169 CLR 279 Decor Corp Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 EVA17 v Minister for Immigration and Border Protection [2018] FCAFC 214; 262 FCR 304 Webb v Commonwealth of Australia (No 2) [2022] FCA 89, delivered 11 February 2022 Webb v Commonwealth of Australia [2021] FCA 1215