FEDERAL COURT OF AUSTRALIA
Munswamy v Australian Postal Corporation [2016] FCA 116
Appeal from: Munswamy v Australian Postal Corporation [2015] FCA 678 File number(s): NSD 971 of 2015 Judge(s): MARKOVIC J Date of judgment: 19 February 2016 Catchwords: PRACTICE AND PROCEDURE – application for extension of time to appeal from a decision of the Federal Court of Australia – where primary judge dismissed application for review of a decision of the Administrative Appeals Tribunal Legislation: Administrative Appeals Tribunal Act 1975 ss 43(1), 43(2B)
Federal Court Rules 2011 r 36.03, 36.05
Cases cited: Hunter Valley Developments Pty Ltd and Others v Cohen (1984) 3 FCR 344
Kelly v Australian Postal Corporation [2015] FCA 1064
Minister for Immigration and Border Protection v SZSNW [2014] FCAFC 145
Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611
Munswamy v Australian Postal Corporation [2014] AATA 757
Munswamy v Australian Postal Corporation [2015] FCA 678
SZSQL v Minister for Immigration and Boarder Protection [2015] FCA 294
Date of hearing: 2 February 2016 Registry: New South Wales Division: General Division National Practice Area: Employment & Industrial Relations Category: Catchwords Number of paragraphs: 62 Solicitor for the Applicant: David Chen, Capital Lawyers Solicitor for the Respondent: Kristina Marie Miller, Sparke Helmore ORDERS
NSD 971 of 2015 BETWEEN: ISHWARI MUNSWAMY
Applicant
AND: AUSTRALIAN POSTAL CORPORATION
Respondent
JUDGE:
MARKOVIC J
DATE OF ORDER:
19 FEBRUARY 2016
THE COURT ORDERS THAT:
1.The application for extension of time to file a notice of appeal is dismissed.
2.The applicant pay the respondent’s costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
MARKOVIC J:
BACKGROUND
This is an application pursuant to Rule 36.05 of the Federal Court Rules 2011 (Cth) (the Rules) for an extension of time within which to file a notice of appeal from a judgment of a Judge of this Court delivered on 7 July 2015: Munswamy v Australia Postal Corporation [2015] FCA 678 (Munswamy). The proceeding before the primary judge was an appeal pursuant to section 44(1) of the Administrative Appeals Tribunal Act (1975) (Cth) (AAT Act) from a decision of the Administrative Appeals Tribunal (the Tribunal). The primary judge made orders dismissing the applicant's appeal and ordering the applicant to pay the respondent's costs as agreed or taxed.
The last date for filing a notice of appeal pursuant to rule 36.03(a)(i) of the Rules was 28 July 2015. The application for an extension of time within which to file a notice of appeal was lodged with the Court on 17 August 2015. In support of her application, the applicant relies on her affidavit sworn 3 December 2015 and two affidavits of David Chen, her solicitor, sworn 14 August 2015 and 4 December 2015 respectively.
The respondent opposes the application for an extension of time in which to file a notice of appeal.
PRINCIPLES GOVERNING EXTENSION OF TIME
The decision to grant…
Keep reading for free
Create a free CaseChat account to read Munswamy v Australian Postal Corporation and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2016] FCA 98
- Decision Date
CaseChat Overview and Summary
The legal issues in the case were whether the primary judge had erred in her approach or findings and whether the applicant had provided an adequate explanation for the delay in filing the notice of appeal. The applicant argued that the primary judge had erred in three respects: (1) by failing to hold that the AAT's credit findings were unreasonable and/or irrational; (2) by failing to consider that the AAT had constrained itself by the terms of the consent orders; and (3) by failing to consider that the AAT had failed to give reasons for its decision. The applicant also argued that the primary judge had not considered all of the evidence before her.
The court found that the primary judge had not erred in her findings or approach. The court found that the applicant's case was rejected on the facts and that there was no merit in the grounds of appeal. The court also found that the applicant had provided an adequate explanation for the delay in filing the notice of appeal and that there was no prejudice to the respondent. However, the court found that the grounds of appeal were without merit and that the application for an extension of time to file a notice of appeal should be dismissed with an order that the applicant pay the respondent's costs.
In summary, the Federal Court of Australia dismissed the applicant's application for an extension of time to file a notice of appeal and ordered the applicant to pay the respondent's costs. The court found that the primary judge had not erred in her approach or findings and that the grounds of appeal were without merit. The court also found that the applicant had provided an adequate explanation for the delay in filing the notice of appeal and that there was no prejudice to the respondent.
Orders
Orders of the court
1. The application for extension of time to file a notice of appeal is dismissed.
2. The applicant pay the respondent’s costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.