Krajniw v Hunt

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FEDERAL COURT OF AUSTRALIA

Krajniw v Hunt [2017] FCA 483

Appeal from: Application for extension of time:  Krajniw v Minister for Environment [2016] FCA 141
File number: QUD 58 of 2017
Judge: LOGAN J
Date of judgment: 2 May 2017
Catchwords:

PRACTICE AND PROCEDURE – summary dismissal – no reasonable prospect of success – whether Judge erred – consideration of judicial discretion

PRACTICE AND PROCEDURE – application for extension of time to seek leave to appeal against orders made in original jurisdiction – requirement for explanation of delay – proposed appeal considered – principles on application for leave to appeal – extension of time refused

ENVIRONMENTAL LAW – alleged contraventions of the Environmental Protection and Biodiversity Conservation Act 1999 (Cth)

Legislation:

Environment Protection and Biodiversity Conservation Act 1999 (Cth) ss 18, 19, 20, 67A, 75, 158A, 475

Federal Court of Australia Act 1976 (Cth) ss 24, 31A

Federal Court Rules 2011 (Cth) r 26.01

Cases cited:

Ejueyitsi v Bond University [2012] FCA 1514

Finch v The Heat Group (No 3) [2017] FCA 64

Huang v University of New South Wales [2014] FCA 1337

Ioannou v Commonwealth of Australia (Department of Human Services) [2012] FCA 1228

Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397

Tinkler v Elliott [2012] EWCA Civ 1289

Date of hearing: 2 May 2017
Registry: Queensland
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 22
Counsel for the Appellant: The appellant appeared in person
Counsel for the First Respondent: Mr B McGlade
Solicitor for the First Respondent: HWL Ebsworth
Counsel for the Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth and Tenth Respondents: Ms J Brien
Solicitor for the Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth and Tenth Respondents: Crown Law
Counsel for the Eleventh, Twelfth, Thirteenth and Fourteenth Respondents: Mr JG Lyons
Solicitor for the Eleventh, Twelfth, Thirteenth and Fourteenth Respondents: Brisbane City Legal Practice
Counsel for the Fifteenth Respondent: Mr M Steele
Solicitor for the Fifteenth Respondent: BMD Group

ORDERS

QUD 58 of 2017
BETWEEN:

TONY KRAJNIW

Appellant

AND:

GREG HUNT MP, FORMER MINISTER FOR ENVIRONMENT

First Respondent

ANNASTACIA PALASZCZUK MP, PREMIER QLD

Second Respondent

JACKIE TRAD MP, DEPUTY PREMIER MINISTER FOR INFRASTRUCTURE AND PLANNING (and others named in the Schedule)

Third Respondent

JUDGE:

LOGAN J

DATE OF ORDER:

2 MAY 2017

THE COURT ORDERS THAT:

1.The application be dismissed.

2.The appellant pay to the respondents’ the costs of and incidental to the appeal, to be taxed, if not agreed.

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


REASONS FOR JUDGMENT
(REVISED FROM TRANSCRIPT)

LOGAN J:

  1. On 25 February 2016, Collier J ordered, pursuant to s 31A(2) of the Federal Court of Australia Act 1976 (Cth) (Federal Court of Australia Act) and r 26.01 of the Federal Court Rules 2011 (Cth), that judgment be entered for the respondents against the present applicant, Mr Tony Krajniw in respect of a proceeding commenced by…

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Details
Case
[2017] FCA 483
Decision Date

CaseChat Overview and Summary

The appeal in Krajniw v Hunt was brought by the appellant, Krajniw, against the respondents, Hunt and others, concerning alleged breaches of the Environmental Protection and Biodiversity Conservation Act 1999 (Cth). The matter was heard and dismissed by the Federal Court of Australia. Krajniw sought to appeal against the summary dismissal of his case, arguing that the primary judge had erred in finding that there was no reasonable prospect of success. Additionally, Krajniw applied for an extension of time to seek leave to appeal against the orders made in the original jurisdiction, but this application was also dismissed.

The legal issues before the court included whether the primary judge had erred in finding that there was no reasonable prospect of success in Krajniw's case and whether the court should grant an extension of time for Krajniw to seek leave to appeal. The court considered the principles governing the exercise of judicial discretion in such matters, the requirement for an explanation of delay in filing the appeal, and the criteria for granting leave to appeal. The court also assessed the merits of the proposed appeal and the overall circumstances of the case.

In its reasoning, the court found that the primary judge's assessment of the prospects of success was not an error. The court held that the appellant had not provided a sufficient explanation for the delay in filing the appeal, nor had he demonstrated that there were exceptional circumstances justifying an extension of time. The court concluded that Krajniw's proposed appeal did not meet the necessary criteria for leave to appeal. Consequently, the appeal was dismissed, and the application for an extension of time was refused. The court also ordered that Krajniw pay the respondents' costs of and incidental to the appeal, to be taxed if not agreed.

In summary, the Federal Court dismissed Krajniw's appeal against the summary dismissal of his case and also refused his application for an extension of time to seek leave to appeal. The court ordered Krajniw to pay the respondents' costs of and incidental to the appeal, to be taxed if not agreed.

Orders

Orders of the court

1. The application be dismissed.

2. The appellant pay to the respondents’ the costs of and incidental to the appeal, 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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