Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Barton v Secretary, Department of Health [2023] FCA 1168 File number: QUD 260 of 2023
Judgment of: BROMWICH J
Date of judgment: 21 September 2023
Date of publication of reasons: 29 September 2023
Catchwords: PRACTICE AND PROCEDURE – application for extension of time and leave to appeal – where the application related to an order made by a Judge of the Court as to the legal capacity of the applicant – where fresh evidence relied upon by appellant relating to legal capacity – where no error on part of the primary judge was demonstrated – where the explanation for delay was not sufficient to grant the application – held: application for an extension of time and leave to appeal be dismissed
Legislation: Therapeutic Goods Act 1989 (Cth) s 42DLB(1)
Cases cited: Aldi Foods Pty Ltd v Moroccanoil Israel Ltd [2018] FCAFC 93; 261 FCR 301 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd [2001] FCA 1833; 117 FCR 424 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541
Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 38
Date of hearing: 21 September 2023
Counsel for the Applicant: The Applicant was self-represented
Counsel for the Respondent: Ms T Epstein
Solicitor for the Respondent: Australian Government Solicitor
ORDERS QUD 260 of 2023
BETWEEN: CHARLES KAROLY BAKO BARTON Applicant
AND: SECRETARY OF THE DEPARTMENT OF HEALTH Respondent
order made by: BROMWICH J DATE OF ORDER: 21 september 2023
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