Sayed v National Disability Insurance Agency & Anor
[2023] HCASL 41
SAYED
v
NATIONAL DISABILITY INSURANCE AGENCY & ANOR
[2023] HCASL 41
M10/2023
The applicant requires an extension of time within which to seek special leave to appeal from two related decisions of the Federal Court of Australia in which O'Bryan J dismissed an application that he recuse himself by reason of bias and, by separate orders made on the same date, refused leave to appeal from that decision.
Special leave should be refused. First, the applicant has not sought the extension of time required nor has he provided an affidavit in support of such an application. Secondly, the application for special leave is incompetent by virtue of s 33(2) of the Federal Court of Australia Act 1976 (Cth) ("the Act"), which provides that an appeal shall not be brought to this Court from a judgment by a single Judge exercising the original jurisdiction of the Federal Court, and separately by reason of s 33(4B)(a) of the Act, read together with s 25(2)(a), which precludes an application for special leave in respect of an application for leave to appeal to the Federal Court. Thirdly, an appeal to this Court would not enjoy any prospects of success. Therefore, it would be futile to entertain any application for an extension of time.
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.
M.M. Gordon S.H.P. Steward 13 April 2023
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