Federal Court of Australia
Federal Court of Australia
Nasir v Reynolds (stay application) [2024] FCA 864 File number(s): VID 701 of 2024
Judgment of: WIGNEY J
Date of judgment: 1 August 2024
Date of publication of reasons: 5 August 2024
Catchwords: PRACTICE AND PROCEDURE – application for stay of interlocutory order pending determination of application for leave to appeal – whether reasonable prospects of the grant of leave to appeal - principles in Décor Corporation Pty Ltd v Dart Industries Inc [1991] 33 FCR 397 – no sufficient doubt to warrant reconsideration of orders – no substantial injustice if leave refused – insufficient prospects of obtaining leave to appeal - stay application dismissed
Legislation: Australian Human Rights Commission Act 1986 (Cth) ss 46PF, 46PH Federal Court of Australia Act 1976 (Cth) ss 24(1A), 37P Judiciary Act 1903 (Cth) s 78B Racial Discrimination Act 1975 (Cth) s 9
Cases cited: Ah-Chee v Stuart [2019] FCAFC 165 Australian Competition and Consumer Commission v CG Berbatis Holdings Pty Ltd (1999) 95 FCR 292 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 at 397 Glennan v Commissioner of Taxation [2003] 77 ALJR 1195 Hogan v Australian Crime Commission [2010] 240 CLR 651 House v The King (1936) 55 CLR 499; [1936] HCA 40 Rawson Finances Pty Ltd v Deputy Commissioner of Taxation [2010] FCAFC 139
Division: General Division
Registry: Victoria
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