Ejueyitsi v Bond University

FEDERAL COURT OF AUSTRALIA

Ejueyitsi v Bond University [2014] FCA 587

Citation:	Ejueyitsi v Bond University [2014] FCA 587
Appeal from:	Application for extension of time and leave to appeal: Ejueyitsi v Bond University [2013] FCCA 2402
Parties:	VINCENT EJUEYITSI v BOND UNIVERSITY
File number:	QUD 141 of 2014
Judge:	RANGIAH J
Date of judgment:	29 May 2014
Catchwords:	PRACTICE AND PROCEDURE – application for extension of time to seek leave to appeal and application for leave to appeal against costs order made by Federal Circuit Court – application dismissed
Legislation:	Australian Consumer Law (Sch 2 to the Competition and Consumer Act 2010 (Cth)) s 18 Federal Circuit Court Act 1999 (Cth) s 79(2) Federal Court of Australia Act1976 (Cth) ss 24(1A) and 24(1)(d) Federal Court Rules 2011 (Cth) rr 35.13 and 35.14(1) Federal Magistrates Court Rules 2001 (Cth) rr 21.02(1) and 30.10(a)
Cases cited:	Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 House v The King (1936) 55 CLR 495 Kyriackou v Australian Securities and Investments Commission [2010] FCA 253 Merit Protection Commissioner v Nonnemacher (1999) 86 FCR 112 Rickus v Motor Trades Association of Australia Superannuation Fund Pty Limited [2010] FCAFC 16 Wilson v Alexander (2003) 135 FCR 273
Date of hearing:	29 May 2014
Place:	Brisbane
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	17
Counsel for the Applicant:	The applicant appeared in person
Solicitor for the Respondent:	Mr C S McLeod of Bartley Cohen

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION	QUD 141 of 2014

BETWEEN:	VINCENT EJUEYITSI Applicant
AND:	BOND UNIVERSITY Respondent

JUDGE:	RANGIAH J
DATE OF ORDER:	29 MAY 2014
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.The applicant’s application for an extension of time to seek leave to appeal and for leave to appeal be dismissed.

2.The applicant pay the respondent’s costs of and incidental to the application.

Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION	QUD 141 of 2014

BETWEEN:	VINCENT EJUEYITSI Applicant
AND:	BOND UNIVERSITY Respondent

JUDGE:	RANGIAH J
DATE:	29 MAY 2014
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. The applicant seeks an extension of time to seek leave to appeal and leave to appeal from an order of Judge Jarrett of the Federal Circuit Court given on 17 May 2013.  The order that the applicant seeks to challenge is an order that he pay the respondent’s costs of and incidental to a proceeding that his Honour had previously summarily dismissed, such costs fixed in the sum of $11,171.09. 

2. Section 24(1)(d) of the Federal Court of Australia Act1976 (Cth) provides that the Federal Court has jurisdiction to hear and determine appeals from judgments of the Federal Circuit Court exercising original jurisdiction under a law of the Commonwealth. Section 24(1A) provides that an appeal shall not be brought from an interlocutory judgment unless the Federal Court or a judge of the Federal Court gives…