Ejueyitsi v Bond University

FEDERAL COURT OF AUSTRALIA

Ejueyitsi v Bond University [2012] FCA 1514

Citation:		Ejueyitsi v Bond University [2012] FCA 1514
Appeal from:		Application for extension of time: Ejueyitsi v Bond University [2012] FMCA 872
Parties:		VINCENT B EJUEYITSI v BOND UNIVERSITY
File number:		QUD 552 of 2012
Judge:		LOGAN J
Date of judgment:		20 December 2012
Catchwords:		PRACTICE AND PROCEDURE – appeals – decision of Federal Magistrates Court – summary dismissal – interlocutory judgment – extension of time and leave to appeal sought – principles on application for leave to appeal – merits of application considered – extension of time refused
Legislation:		Competition and Consumer Act 2010 (Cth) Federal Magistrate Court Rules 2001 r 8.01, r 13.07(1)(b)(ii), r 13.10(a)
Cases cited:		Décor Corporation Pty Ltd v Dart Industries Incorporated (1991) 33 FCR 397 cited Ioannou v Commonwealth of Australia [2012] FCA 1228 cited O’Donoghue v Australian Information Commissioner [2012] FCA 1219 cited Rana v University of South Australia (2004) 136 FCR 344 followed Singh v the Owners Strata Plan No 11723, No 4 [2012] FCA 1180 cited Tinkler v Elliott [2012] ALL ER (D) 94; [2012] EWCA Civ 1289
Date of hearing:	20 December 2012
Place:	Brisbane
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	23
Counsel for the Applicant:	The Applicant appeared in person
Counsel for the Respondent:	Mr T Pincus
Solicitor for the Respondent:	Bartley Cohen

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION	QUD 552 of 2012

BETWEEN:	VINCENT B EJUEYITSI Applicant
AND:	BOND UNIVERSITY Respondent

JUDGE:	LOGAN J
DATE OF ORDER:	20 DECEMBER 2012
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.The application for an extension of time within which to seek leave to appeal is dismissed.

2.The applicant is to pay the respondent’s costs of and incidental to the application, to be taxed if not agreed.

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 552 of 2012

BETWEEN:	VINCENT B EJUEYITSI Applicant
AND:	BOND UNIVERSITY Respondent

JUDGE:	LOGAN J
DATE:	20 DECEMBER 2012
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. This matter has its origin in an application filed on 7 February 2012 in the registry at Melbourne of the Federal Magistrates Court by the present applicant, Mr Vincent Ejueyitsi (Mr Ejueyitsi).  In that application, Mr Ejueyitsi named as respondent Bond University (the University).  The University is the respondent to an application which Mr Ejueyitsi has come to make in this Court as a sequel to proceedings in the Federal Magistrates Court.  More of the application, shortly.  First, it is necessary to detail the course of proceedings in the Federal Magistrates Court.

2. In his originating application to that court, Mr Ejueyitsi sought, by way of final orders, a full refund of tuition fees plus damages.  He specified, as the grounds of his application against the University, the following:

   Damages experienced by applicant resulting from the negligence of the respondent to fully communicate his assessment conditions, policy…