FEDERAL COURT OF AUSTRALIA
Dye v Commonwealth Securities Limited (No 1) [2013] FCA 798
Citation: Dye v Commonwealth Securities Limited (No 1) [2013] FCA 798 Appeal from: Application for extension of time and leave to appeal from: Dye v Commonwealth Securities Limited (No 2) [2012] FCA 407 Parties: VIVIENNE LOUISE DYE v COMMONWEALTH SECURITIES LIMITED (ACN 067 254 399), SIR RALPH NORRIS, MICHAEL BLOMFIELD, COMMONWEALTH BANK OF AUSTRALIA (ACN 123 123 124) and BARBARA CHAPMAN File number: NSD 1548 of 2013 Judge: PERRAM J Date of judgment: 9 August 2013 Catchwords: PRACTICE AND PROCEDURE - Application for leave to appeal from Federal Court of Australia Legislation: Federal Court Rules 2011 (Cth) r 34.24 Cases cited: Dye v Commonwealth Securities Limited [2012] FCA 242 cited
Dye v Commonwealth Securities Limited [2012] FCA 992 cited
Dye v Commonwealth Securities Limited (No 2) [2012] FCA 407 citedDate of hearing: 9 August 2013 Place: Sydney Division: GENERAL DIVISION Category: Catchwords Number of paragraphs: 11 Counsel for the Applicant: The applicant appeared in person Counsel for the Respondents: Mr M Richardson Solicitor for the Respondents: Herbert Smith Freehills
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 1548 of 2013
BETWEEN: VIVIENNE LOUISE DYE
ApplicantAND: COMMONWEALTH SECURITIES LIMITED (ACN 067 254 399)
First RespondentSIR RALPH NORRIS
Second RespondentMICHAEL BLOMFIELD
Third RespondentCOMMONWEALTH BANK OF AUSTRALIA (ACN 123 123 124)
Fourth RespondentBARBARA CHAPMAN
Fifth Respondent
JUDGE:
PERRAM J
DATE OF ORDER:
9 AUGUST 2013
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The application be dismissed with costs.
Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 1548 of 2013
BETWEEN: VIVIENNE LOUISE DYE
ApplicantAND: COMMONWEALTH SECURITIES LIMITED (ACN 067 254 399)
First RespondentSIR RALPH NORRIS
Second RespondentMICHAEL BLOMFIELD
Third RespondentCOMMONWEALTH BANK OF AUSTRALIA (ACN 123 123 124)
Fourth RespondentBARBARA CHAPMAN
Fifth Respondent
JUDGE:
PERRAM J
DATE:
9 AUGUST 2013
PLACE:
SYDNEY
REASONS FOR JUDGMENT
This is an application for an extension of time and for leave to appeal from orders made by Buchanan J on 20 April 2012. Those orders required the applicant to pay the respondents’ costs of two proceedings before this court in the sum of $5.85 million. The costs judgment is Dye v Commonwealth Securities Limited (No 2) [2012] FCA 407.
As might naturally be expected, the costs judgment was subsequent to a primary judgment given by Buchanan J on 16 March 2012: Dye v Commonwealth Securities Limited [2012] FCA 242. In that judgment, his Honour dismissed the two separate proceedings before the Court brought by the applicant relating to sexual discrimination and sexual harassment, allegedly by officers of the first and fourth respondents.
The applicant appealed both judgments within time under the Federal Court Rules 2011 (Cth) r 34.24. A notice of appeal, which was given proceeding number NSD526/2012, was filed and, in relation…
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- Case
- [2013] FCA 798
- Decision Date
CaseChat Overview and Summary
The legal issues that the court needed to consider were whether Dye had a reasonable prospect of success on appeal and whether the appeal raised an arguable point of law of general public importance. The court also had to assess whether the decision of the Federal Court was wrong or whether there were any errors in the proceedings that warranted an appeal. These issues were critical in determining whether Dye should be granted leave to appeal the decision.
After careful consideration, the court found that Dye did not have a reasonable prospect of success on appeal. The court held that the appeal did not raise an arguable point of law of general public importance and that the decision of the Federal Court was not wrong. Therefore, the application for leave to appeal was dismissed with costs. The court concluded that there were no valid grounds for Dye to appeal the decision, and the decision of the Federal Court should stand as it was. The court's decision was final, and Dye was not granted leave to appeal the decision.
Orders
Orders of the court
1. The application be dismissed with costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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