Ejueyitsi v Bond University

Case

[2014] FCA 587

29 May 2014


Details
AGLC Case Decision Date
Ejueyitsi v Bond University [2014] FCA 587 [2014] FCA 587 29 May 2014

CaseChat Overview and Summary

The applicant, Ejueyitsi, brought an application against Bond University seeking an extension of time to seek leave to appeal and for leave to appeal against a costs order made by the Federal Circuit Court. The costs order arose from proceedings in which the applicant had unsuccessfully sued Bond University for damages for personal injury. The applicant contended that the costs order was exorbitant and oppressive and that he had not received legal advice regarding the order.

The legal issues before the court were whether the applicant was entitled to an extension of time to seek leave to appeal and whether he was entitled to leave to appeal against the costs order. In determining these issues, the court considered whether the applicant had a reasonable excuse for failing to seek leave to appeal within the required time and whether the costs order was, in fact, exorbitant and oppressive.

The court found that the applicant had not provided a satisfactory explanation for his delay in seeking leave to appeal and that there was no reasonable excuse for the delay. The court also found that the costs order was not exorbitant and oppressive. Consequently, the court dismissed the application for an extension of time to seek leave to appeal and for leave to appeal. In addition, the court ordered the applicant to pay the respondent’s costs of and incidental to the application.
Details

Areas of Law

  • Civil Litigation & Procedure

Legal Concepts

  • Limitation Periods

  • Costs

  • Appeal

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Cases Citing This Decision

4

Barodawala v Giasoumi [2015] FCA 608
Cases Cited

8

Statutory Material Cited

5

Minogue v Williams [2000] FCA 125