Reid v Nairn

Case [1985] FCA 245


. application for special leave

to appeal to F u l l Court refused by

h d u e makinu

order - whether

further application tn

Ful l Court

€or special

leave competent - whether app-a1

to F u l l Court from

refusal to qrant special leave competent.

-

Federal Court of Australia Act 1956 ss.24. 25

-.

.

CHRISTOPHER KIDMAN REID v. WILLIAM IAN NAIRN

NO. SA G21 OF 1985

FOX, 73RSTER & McGREGOR &T.

7 JUNE 1985

ADELAIDE

i

APPCICgTTCnN FOR LmJE Tn ?&'PEAL

€rom the Order

of The

Honourable Mr.Justice Fisher

made the 25th day

of March 1985

In the Federal Court of australia at Adelaide

Respondent

CORAM: FOX. FORSTER MD McGREGOR JJ

DATE :

7

JlJNE 1985

After hearinq submisslons in this matter we made

orders

dismissinu with costs the application €or leave to appeal, and the appeal from the refusal by Fisher J. of the application made

to him for leave to appeal. stating that reasons

muld be

delivered later. We now qive our reasons.

2.

The application before the Court was in form one

€or

leave to appeal aaainst an interlocutory decision of Fisher J. respecting discovery of documents in a proceedina commenced by

the

appellant

under

the

Administrative

Decisions

(Judicial

Review) kct,

1977. His

Honour had made a limited order

f o r

discovery at the instance

OP the appellant, but

a wider nrde'r vas

souqht. The appellant applied to Fisher J.

for leave to appeal

to

the F u l l

Cnurt. but,for reasons he then qave. his

Honour

refused that apelication. The renewed application

€or learie was

described as an application "de novo" to this Court and this

accords with the terms of the document €iled. We %ere

asked, in .

the alternative. to treat the application as

an

appeal aaainst

-

the refusal

to qrant leave. This last-mentioned course was not

opposed and

we have treated. this second application as beinu

before us.

The respondent has objected

to competency in respect of

both applications.

:

1

1

The application to %he Full

Court for leave to Ippeal

'I

' I

was made in reliance

on sub-secn. 24 (1-1) of the F;.rlcral

P l t r t o€

Australia Act L976:

'1

' l

" ( 1 A )

An

appeal shall

not be brouuht from a fudgnnnt

referred to in sub-section

(1) that is an interlocutorp

judument unless the

Court, or a Judqe uives leave

to

appeal".

This sub-section was inserted

by Act No. 72 of 1984. At

I *

!

3.

.

.-

B .

...

the same time the previous sub-secn.

25(2 ) was

omitted and the

followinu sub-section suhstitutcd

€or it:

" ( 2 ) Applications for leave

or special leave to appeal

to the Court

or for an extension of time within whish to

institute an appeal may be heard and determined by

a

single Judge or by a Full Court and the Rules

of Court

may provide for enablinu such applications to

be dealt

Details
AGLC
Reid v Nairn [1985] FCA 245
Case
[1985] FCA 245
Decision Date

CaseChat Overview and Summary

In Reid v Nairn, the appellant, Christopher Kidman Reid, sought an appeal against an interlocutory order made by Fisher J in the Federal Court of Australia. The order related to a discovery application in proceedings initiated by Reid under the Administrative Decisions (Judicial Review) Act 1977. Fisher J had granted a limited discovery order, which Reid sought to expand. Reid's application for leave to appeal against Fisher J's refusal to grant a wider discovery order was also dismissed. The primary legal issues before the Full Court were whether a further application for leave to appeal could be made to the Full Court and whether an appeal could be made against the refusal to grant special leave to appeal. The Court held that while an application for leave to appeal can be made to a single judge or the Full Court, once a single judge has made a decision on such an application, there is no further application that can be made to the Full Court. The Court found that the application for leave to appeal and the appeal from the refusal to grant leave were both incompetent, and dismissed them with costs. The Court found no error in Fisher J's interlocutory order for discovery, and noted that discovery will not be ordered for the purpose of "fishing" or in the administration of criminal justice. The Court further held that interlocutory decisions on practice and procedure are rarely interfered with by appellate courts. The Full Court ordered that Reid pay the costs of the application and appeal to Nairn.

Orders

Orders of the court

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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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