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 1289Date 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
ApplicantAND: 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
ApplicantAND: BOND UNIVERSITY
Respondent
JUDGE:
LOGAN J
DATE:
20 DECEMBER 2012
PLACE:
BRISBANE
REASONS FOR JUDGMENT
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.
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…
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- Case
- [2012] FCA 1514
- Decision Date
CaseChat Overview and Summary
The primary legal issues addressed by the court were whether the applicant could be granted an extension of time to seek leave to appeal and whether leave to appeal should be granted. The applicant argued that he had not been properly notified of the dismissal, and thus, the extension of time should be granted. The court needed to determine if this argument met the necessary criteria for granting leave to appeal and whether the delay in seeking leave could be justified.
The court found that the applicant had not demonstrated any exceptional circumstances that would warrant an extension of time. The applicant had not provided any evidence to support his claim of lack of proper notification, and the court held that the applicant's failure to seek legal advice promptly contributed to the delay. Consequently, the court refused the extension of time and dismissed the application for leave to appeal. The applicant was ordered to pay the respondent's costs of and incidental to the application.
Orders
Orders of the court
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
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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