Federal Court of Australia
Federal Court of Australia
Huang v Octec Limited [2024] FCA 588 File number(s): NSD 91 of 2024
Judgment of: WIGNEY J
Date of judgment: 28 May 2024
Date of publication: 4 June 2024
Catchwords: PRACTICE AND PROCEDURE – application for an extension of time and leave to appeal – where applicant's substantive application was summarily dismissed for past defaults – where delay in filing application for leave to appeal reasonably explained and there was no material prejudice to the respondent arising from the delays – where arguable case that the primary judge erred in summarily dismissing the application – leave to appeal and extension of time granted
Legislation: Australian Human Rights Commission Act 1986 (Cth) s 46PO Federal Court Rules 2011 (Cth) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) rr 13.05; 13.03
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 20
Date of hearing: 28 May 2024
Counsel for the Applicant Mr A Gotting
Counsel for the Respondent Ms L McBride
Solicitors for the Respondent HWL Ebsworth
ORDERS NSD 91 of 2024
BETWEEN: CHUN YI HUANG Applicant AND: OCTEC LIMITED Respondent
order made by: Wigney j DATE OF ORDER: 28 May 2024
THE COURT ORDERS THAT:
1. The time for the applicant to apply for leave to appeal be extended up to and including 28 May 2024. 2. The applicant be granted leave to appeal. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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