FEDERAL COURT OF AUSTRALIA
Storry v Business Licensing Authority [2023] FCA 964
Appeal from: Storry v Business Licensing Authority (No 2) [2023] FCA 102 File number: QUD 77 of 2023 Judgment of: SARAH C DERRINGTON J Date of judgment: 15 August 2023 Date of publication: 18 August 2023 Catchwords: APPEAL AND NEW TRIAL – application for leave to appeal from summary dismissal of appeal from Administrative Appeals Tribunal – where relief sought from Tribunal is futile – whether primary judge’s decision is attended by sufficient doubt – whether substantial injustice if leave refused
PRACTICE AND PROCEDURE – application for adjournment of application for leave to appeal pending removal application under s 40 of the Judiciary Act 1903 (Cth) – consideration of relevant factors
Legislation: Administrative Appeals Tribunal Act 1975 (Cth)
s 42B(1)(b)
Federal Court of Australia Act1976 (Cth) ss 23, 24(1A), 24(1D)(b), 31A, 37M
Judiciary Act 1903 (Cth) s 40
Mutual Recognition Act 1922 (Cth) s 23(1)(a)
Federal Court Rules 2011 (Cth) r 26.01
Judicial Review Act 1991 (Qld)
Property Occupations Act 2014 (Qld) s 77
Cases cited: Advanced Holdings Pty Ltd v Commissioner of Taxation (2020) 281 FCR 149; [2020] FCAFC 157
Bienstein v Bienstein [2003] HCA 7; (2003) 195 ALR 225
Davis v Insolvency and Trustee Service Australia [2010] FCAFC 141
Davidson v Official Receiver [2021] FCAFC 73
Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397
Ex parte Bucknell (1936) 56 CLR 221
In the Matter of An Appeal by Gaye Alexandra Mary Luck [2003] HCA 70; 78 ALJR 177
Johnson Tiles Pty v Esso Australia Pty Ltd (2000) 104 FCR 564; [2000] FCA 1572
Macatangay v New South Wales (No 2) [2009] NSWCA 272
Rawson Finances Pty Ltd v Commissioner of Taxation [2016] FCAFC 95
Samsung Electronics Company Ltd v Apple Inc (2011) 217 FCR 238; [2011] FCAFC 156
Storry v Chief Executive of the Office of Fair Trading [2021] QCA 30
Storry v Chief Executive of the Office of Fair Trading [2022] QCATA 43
Tampion v Anderson (1973) 48 ALJR 11
Division: General Division Registry: Queensland National Practice Area: Administrative and Constitutional Law and Human Rights Number of paragraphs: 33 Date of hearing: 15 August 2023 Counsel for the Applicant: The Applicant represented herself Counsel for the Respondent: Dr M Sharpe Solicitor for the Respondent: S Spee
ORDERS
QUD 77 of 2023 BETWEEN: VENETIA LOUISE STORRY
Applicant
AND: BUSINESS LICENSING AUTHORITY OF VICTORIA
Respondent
ORDER MADE BY:
SARAH C DERRINGTON J
DATE OF ORDER:
15 AUGUST 2023
THE COURT ORDERS THAT:
1.The application for leave to appeal filed on 6 June 2023 be refused.
2.The Applicant pay the Respondent’s costs to be assessed if not agreed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
SARAH C DERRINGTON J:
On 16 February 2023, the primary…
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- AGLC
- Storry v Business Licensing Authority [2023] FCA 964
- Case
- [2023] FCA 964
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were twofold: firstly, whether the primary judge’s decision was sufficiently questionable to merit an appeal; and secondly, whether denying leave to appeal would cause a substantial injustice. The court was also required to consider an application for an adjournment of the leave to appeal pending a removal application under the Judiciary Act 1903.
In delivering the judgment, the court found that the primary judge’s decision was not attended by sufficient doubt to justify an appeal. Furthermore, the court determined that refusing leave to appeal would not result in a substantial injustice. Additionally, regarding the application for adjournment, the court weighed the relevant factors and concluded that the application should not proceed. Consequently, the application for leave to appeal was dismissed, and the applicant was ordered to pay the respondent’s costs.
Orders
Orders of the court
1. The application for leave to appeal filed on 6 June 2023 be refused.
2. The Applicant pay the Respondent’s costs to be assessed if not agreed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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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