Be v University of Technology, Sydney (GD)

Be, the appellant, sought to appeal a decision made by the University of Technology, Sydney (UTS), the respondent. The nature of the dispute concerned an application by Be to appeal a decision of UTS, which was deemed to be out of time. The case was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was whether the appellant was granted leave to appeal a decision out of time. The court also considered whether the appeal should be dismissed and if the appellant should be ordered to pay the respondent’s costs of and incidental to the appeal proceedings. The respondent argued that the appellant had failed to comply with the relevant time limits for filing an appeal, and therefore, the appeal should be dismissed and costs awarded.

The court found that the appellant had not demonstrated any exceptional circumstances that warranted the grant of leave to appeal out of time. The court held that the appellant’s failure to comply with the time limits was not due to any fault of the respondent, and there was no evidence of any extraordinary circumstances that could justify the extension of time. The court further held that the appeal should be dismissed and that the appellant should pay the respondent's costs of and incidental to the appeal proceedings. The court ordered that the costs be assessed in accordance with the Legal Profession Act 2004.

In summary, the court refused the appellant's application for leave to appeal out of time, dismissed the appeal, and ordered the appellant to pay the respondent's costs of and incidental to the appeal proceedings.