FEDERAL COURT OF AUSTRALIA
Smits v Loel (No 3) [2015] FCA 77
Citation: Smits v Loel (No 3) [2015] FCA 77 Parties: LEONARDUS GERARDUS SMITS v JAMES BERESORD [SIC] LOEL, PIONEER INVESTMENTS (AUST) PTY. LTD. and LILLAS AND LOEL LAWYERS File number: QUD 3 of 2015 Judge: REEVES J Date of judgment: 13 February 2015 Catchwords: PRACTICE AND PROCEDURE – application for extension of time to seek leave to appeal – where proceedings dismissed under Federal Court Rules 2011 (Cth), r 26.01(1)(d) as an abuse of process – whether order under Federal Court Rules 2011 (Cth), r 26.01 interlocutory in nature – whether to exercise discretion to extend time under Federal Court Rules 2011 (Cth), r 1.39 – whether to exercise discretion to grant leave under Federal Court of Australia Act 1976 (Cth), s 24(1A) – whether sufficient doubt to justify leave to appeal – failure to identify any specific error
Held: application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth)
Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth)
Federal Court Rules 2011 (Cth)
Uniform Civil Procedure Rules 1999 (Qld)Cases cited: Cement Australia Pty Ltd v Australian Competition and Consumer Commission (2101) 187 FCR 261; [2010] FCAFC 101
Cement Australia Pty Ltd v Australian Competition and Consumer Commission (2010) 187 FCR 261; [2010] FCAFC 101
Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397
Rogers v R (1994) 181 CLR 251
Sharman License Holdings Ltd v Universal Music Aust Pty Ltd [2005] FCA 802
Shaw v MAB Corporation Pty Ltd [2013] FCA 1231
Shaw v MAB Corporation Pty Ltd (2014) 220 FCR 425; [2014] FCA 62Date of hearing: 6 February 2015 Place: Brisbane Division: GENERAL DIVISION Category: Catchwords Number of paragraphs: 49 Counsel for the Applicant: Mr DR Edwards Solicitor for the Respondents: Mr MR Byrne of Lillas & Loel Lawyers
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION
QUD 3 of 2015
BETWEEN: LEONARDUS GERARDUS SMITS
ApplicantAND: JAMES BERESORD [SIC] LOEL
First RespondentPIONEER INVESTMENTS (AUST) PTY. LTD.
Second RespondentLILLAS AND LOEL LAWYERS
Third Respondent
JUDGE:
REEVES J
DATE OF ORDER:
13 FEBRUARY 2015
WHERE MADE:
BRISBANE
THE COURT ORDERS THAT:
1.The applicant’s application filed 3 February 2015 is dismissed.
2.The applicant pay the respondents’ costs of that application.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION
QUD 3 of 2015
BETWEEN: LEONARDUS GERARDUS SMITS
ApplicantAND: JAMES BERESORD [SIC] LOEL
First RespondentPIONEER INVESTMENTS (AUST) PTY. LTD.
Second RespondentLILLAS AND LOEL LAWYERS
Third Respondent
JUDGE:
REEVES J
DATE:
13 FEBRUARY 2015
PLACE:
BRISBANE
REASONS FOR JUDGMENT
AN APPLICATION FOR EXTENSION OF TIME TO SEEK LEAVE TO APPEAL
On 10 December 2014, on the application of the respondents, Rangiah J dismissed Mr Smits’ proceeding under r 26.01(1)(d) of the Federal Court Rules 2011 (Cth) (the Rules), determining that…
Continue reading Smits v Loel (No 3)
Sign in free to access the full text
- AGLC
- Smits v Loel (No 3) [2015] FCA 77
- Case
- [2015] FCA 77
- Decision Date
CaseChat Overview and Summary
In its reasoning, the court found that Mr Smits' complaints about his Honour's judgment and the proceedings were general in nature and did not identify any specific error in the reasons for judgment. The court noted that the error identified in paragraph (f) and (g) did not establish any specific error in the reasons for judgment, and therefore, the comments made by the court in a previous paragraph also applied to these two paragraphs. As a result, the court concluded that Mr Smits had not established that his Honour's judgment was attended with sufficient doubt to justify reconsideration by an appellate court. Since this conclusion was fatal to the success of Mr Smits' application for leave to appeal, it would be futile to grant him an extension of time to make that application.
Ultimately, the court dismissed Mr Smits' application for an extension of time to seek leave to appeal. The court ordered that the applicant's application filed on 3 February 2015 be dismissed and that the applicant pay the respondents' costs of that application. The entry of orders was dealt with in Rule 39.32 of the Federal Court Rules 2011.
Orders
Orders of the court
1. The applicant’s application filed 3 February 2015 is dismissed.
2. The applicant pay the respondents’ costs of that application.
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
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.