Skyring v Australian Electoral Commissioner

Skyring v Australian Electoral Commissioner concerned the applicant, Mr Skyring, who sought leave to appeal against the decision of the Federal Court of Australia which dismissed his claim for damages for defamation against the respondent, the Australian Electoral Commissioner. The Federal Court had ruled in favour of the Electoral Commissioner, finding that the defamatory statements made during the course of an election were not actionable as they were within the scope of the absolute immunity provided under section 120 of the Commonwealth of Australia Constitution Act. Mr Skyring applied for leave to extend the time within which to appeal against the dismissal of his claim for damages.

The primary legal issue before the court was whether Mr Skyring should be granted leave to extend the time within which to appeal against the decision of the Federal Court. The court was required to consider whether there were any exceptional circumstances that warranted an extension of time, and whether any delay in lodging the application for leave had caused any prejudice to the respondent.

In dismissing the application, the court held that the applicant had not demonstrated any exceptional circumstances that warranted an extension of time. The court found that the applicant had not acted with due diligence in pursuing his claim, and that any delay in lodging the application for leave had caused prejudice to the respondent. The court further held that the applicant had failed to provide any evidence to support his contention that he had a meritorious appeal. As such, the court refused the application for leave for an extension of time within which to appeal.

The court ordered that the application for leave for an extension of time within which to appeal is refused, and that the applicant pay the respondent's costs of and incidental to the application, to be taxed if not agreed.