FEDERAL COURT OF AUSTRALIA
Wang v Botany View Hotel [2014] FCA 730
Citation: Wang v Botany View Hotel [2014] FCA 730 Appeal from: Application for extension of time: Wang v Botany View Hotel [2014] FCCA 850 Parties: YUN FU WANG v BOTANY VIEW HOTEL File number(s): NSD 551 of 2014 Judge(s): JAGOT J Date of judgment: 8 July 2014 Catchwords: PRACTICE AND PROCEDURE – primary judge dismissed proceedings as frivolous or vexatious, abuse of process and for applicant’s failure to comply with court order – applicant filed several voluminous and incomprehensible documents – whether extension of time should be granted to seek leave to appeal primary judge’s decision Legislation: Federal Circuit Court Rules 2001 (Cth) rules 1.03, 13.03A, 13.03B, 13.10
Federal Court of Australia Act 1976 (Cth) s 24
Federal Court Rules 2011 (Cth) rules 35.13, 35.14
Cases cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175; [2009] HCA 27
Burton v Shire of Bairnsdale (1908) 7 CLR 76
Croker v Philips Electronics Australia Ltd [2000] FCA 1731
Décor Corp Pty Ltd v Dart Industries Inc (1991) 33 FCR 397
Deighton v Telstra Corp [1997] FCA 1568
Hunter v Chief Constable of West Midlands Police [1982] AC 529; [1981] 3 All ER 727
Paramasivam v University of New South Wales [2006] NSWSC 1189
Sharman License Holdings Ltd v Universal Music Aust Pty Ltd [2005] FCA 802
Date of hearing: 30 June 2014 Place: Sydney Division: GENERAL DIVISION Category: Catchwords Number of paragraphs: 22 Counsel for the Applicant: The Applicant appeared in person Counsel for the Respondent: Mr C E Dezarnaulds Solicitor for the Respondent: Dezarnaulds Legal
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 551 of 2014
ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA
BETWEEN: YUN FU WANG
Applicant
AND: BOTANY VIEW HOTEL
Respondent
JUDGE:
JAGOT J
DATE OF ORDER:
8 JULY 2014
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The applicant’s application for extension of time and leave to appeal filed on 30 May 2014 be dismissed.
2.The applicant pay the respondent’s costs as agreed or taxed.
Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 551 of 2014
ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA
BETWEEN: YUN FU WANG
Applicant
AND: BOTANY VIEW HOTEL
Respondent
JUDGE:
JAGOT J
DATE:
8 JULY 2014
PLACE:
SYDNEY
REASONS FOR JUDGMENT
This is an application pursuant to rule 35.14 of the Federal Court Rules 2011 (Cth) (the FCA Rules) for an extension of time and leave to appeal the orders of the Federal Circuit Court of Australia (FCC) summarily dismissing a proceeding with costs pursuant to rules 13.03B(1), 13.10(b) and 13.10(c) of the Federal Circuit Court Rules 2001 (Cth) (the FCCRules) and pursuant to the Court’s inherent jurisdiction to regulate its own process (Wang v Botany View Hotel [2014] FCCA…
Continue reading Wang v Botany View Hotel
Sign in free to access the full text
- AGLC
- Wang v Botany View Hotel [2014] FCA 730
- Case
- [2014] FCA 730
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the applicant should be granted an extension of time to seek leave to appeal the primary judge's decision. This required the court to consider the circumstances surrounding the applicant's failure to comply with the court’s orders, the quality and quantity of the documents submitted, and the overall conduct of the applicant in the proceedings. The court also needed to determine if the applicant had provided a sufficient explanation for the delay and whether there were any prospects of success for the appeal.
The court dismissed the applicant’s application for an extension of time and leave to appeal, finding that the applicant had not provided a satisfactory explanation for the delay in filing the appeal. The court further noted the poor quality and excessive length of the documents previously submitted, which contributed to the primary judge's decision to dismiss the proceedings. The court held that the applicant's conduct did not warrant an extension of time, and there were no prospects of success for the appeal. Consequently, the application was dismissed, and the applicant was ordered to pay the respondent's costs.
Orders
Orders of the court
1. The applicant’s application for extension of time and leave to appeal filed on 30 May 2014 be dismissed.
2. The applicant pay the respondent’s costs as agreed or taxed.
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
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.