Teh & Muir

Case

[2015] FamCAFC 224

2 December 2015


Details
AGLC Case Decision Date
Teh & Muir [2015] FamCAFC 224 [2015] FamCAFC 224 2 December 2015

CaseChat Overview and Summary

The case of Teh & Muir involves an appellant seeking to appeal certain orders made by a lower court, which were subsequently denied by the court of appeal. The appellant's application for an extension of time to appeal specific orders made on 25 June 2014 and the appellant's application for leave to appeal orders made on 30 October 2014 were both dismissed. The legal issues before the court included whether the appellant had a valid reason for the delay in seeking leave to appeal and whether the appellant had a valid basis for appealing the orders in question.

The court found that the appellant had not provided a satisfactory explanation for the delay in seeking leave to appeal, and therefore the application for an extension of time was dismissed. The court also found that the appellant's grounds for appealing the orders were not sufficient to warrant leave to appeal, and therefore the application for leave to appeal was also dismissed. The court held that the appellant's arguments were not persuasive and did not demonstrate that the orders made by the lower court were in any way flawed or unjust. The appellant was ordered to pay the respondent's costs of and incidental to the applications as agreed or assessed, such costs to be paid within twenty-eight days of agreement or assessment.
Details

Areas of Law

  • Civil Litigation & Procedure

Legal Concepts

  • Jurisdiction

  • Limitation Periods

  • Costs

  • Appeal

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Cases Citing This Decision

6

Hijazi and Hijazi and Ors [2016] FamCA 811
Oldham and Avis [2017] FCCA 1480
Teasdale and Teasdale [2017] FCCA 986
Cases Cited

3

Statutory Material Cited

1

Re Luck [2003] HCA 70
Re Luck [2003] HCA 70