Storry v Business Licensing Authority

The case of Storry v Business Licensing Authority involves an appeal against the summary dismissal of an appeal from the Administrative Appeals Tribunal. The dispute centres around the refusal of relief by the Tribunal, and the applicant, Storry, seeks to challenge this decision. The Federal Court was tasked with determining whether there was sufficient doubt in the primary judge’s decision to warrant leave to appeal and if denying leave would result in a substantial injustice.

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.