Gomez v Justice MOSHINSKY

GOMEZ
v
JUSTICE MOSHINSKY & ORS
[2019] HCASL 306
M71/2019

The applicant seeks leave to appeal from the judgment and orders of Gordon J dismissing the applicant's application for an order to show cause why the judgment of Moshinsky J in Gomez v Carrafa (Trustee) [2018] FCA 201 should not be quashed and for other associated and incidental relief.
There is no reason to doubt the correctness of Gordon J's judgment and orders. An appeal to the Full Court of this Court would enjoy no prospect of success.
Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.

G.A.A Nettle J.J Edelman

11 September 2019

CaseChat Overview and Summary

In the case of Gomez v Justice Moshinsky, the applicant, Gomez, sought leave to appeal from a judgment and orders made by Gordon J. The orders dismissed Gomez's application for an order to show cause why the judgment of Moshinsky J in a prior case, Gomez v Carrafa (Trustee), should not be quashed and for other associated and incidental relief. The applicant's appeal was grounded on the dismissal of this application, which sought to challenge the earlier judgment by Moshinsky J.

The legal issues before the court involved the applicant's entitlement to appeal the dismissal of the application for an order to show cause. Specifically, the court needed to determine whether there was a reasonable prospect of success in appealing Gordon J's dismissal of the application. The court also had to consider whether there were any grounds upon which the application could be revived or reconsidered, given the prior dismissal by Gordon J.

The court found that there was no reason to doubt the correctness of Gordon J's judgment and orders. It was determined that an appeal to the Full Court of the Federal Court would not enjoy a prospect of success. Consequently, the application for leave to appeal was dismissed. The reasoning was based on the lack of a reasonable prospect of success in the appeal, as well as the correctness of Gordon J's decision.

The court issued an order pursuant to rule 41.08.1 of the High Court Rules 2004 (Cth), directing the Registrar to draw up, sign and seal an order dismissing the application for leave to appeal. This order was signed by Nettle and Edelman on 11 September 2019, effectively concluding the applicant's attempt to appeal the earlier dismissal by Gordon J.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established