PRACTICE AND PROCEDURE – application for leave to appeal from a judgment of a single judge of the Court – where primary judge dismissed an application for certain questions to be heard separately by a Full Court pursuant to r 30.01(1) of the Federal Court Rules 2011 (Cth) – where the questions concern the respondent’s standing to bring proceedings seeking relief under ss 166, 167 and 177 of the National Consumer Credit Protection Act 2009 (Cth) for contravention of s 24(1A) of National Credit Code and for declaratory relief under s 21 of the Federal Court of Australia Act 1976 (Cth) – where the application before the primary judge was made after fixing the date for trial contrary to r 30.01(2) and less than seven weeks before the trial was due to commence – where the grant of leave to appeal would require the vacation of the trial dates – application for leave dismissed
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0707
For more information, see the original judgement.