Federal Court of Australia
Federal Court of Australia
Gomez v Carrafa [2023] FCA 719 Appeal from: Gomez v Carrafa [2022] FCA 1013
File number(s): VID 589 of 2022
Judgment of: O'BRYAN J
Date of judgment: 30 June 2023
Catchwords: PRACTICE AND PROCEDURE – application for an extension of time in which to appeal a decision of the Court – where applicant alleges malicious prosecution by trustee in bankruptcy – where applicant alleges misfeasance in public office by trustee in bankruptcy – where primary judge found that the pleading failed to allege facts in support of essential elements of each claim – where leave to file amended pleading refused and proceeding dismissed – where decision is interlocutory in nature and leave to appeal required – where proposed grounds of appeal have no reasonable prospect of success – application for extension of time refused
Legislation: Federal Court of Australia Act 1976 (Cth), s 24(1A) Federal Court Rules 2011 (Cth), rr 35.13, 36.03, 36.05
Cases cited: A v New South Wales (2007) 230 CLR 500 Commonwealth Life Assurance Society v Brain (1935) 53 CLR 343 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Gomez v Carrafa [2022] FCA 1013 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Johnson Tiles Pty Ltd v Esso Australia Ltd (2000) 104 FCR 564 MZABP v Minister for Immigration & Border Protection [2016] FCAFC 110 Re Luck [2003] HCA 70; 203 ALR 1 Tu'uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] HCA 28; 403 ALR 604 Weatherall v Satellite Receiving Systems (Australia) Pty Ltd (1999) 92 FCR 101
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