FEDERAL COURT OF AUSTRALIA
Budd v Federal Privacy Commissioner [2005] FCA 1478
PAMELA JOAN BUDD v FEDERAL PRIVACY COMMISSIONER
NSD 1768 of 2005
BRANSON J
18 OCTOBER 2005
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 1768 of 2005 |
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BETWEEN: |
PAMELA JOAN BUDD APPLICANT
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AND: |
FEDERAL PRIVACY COMMISSIONER RESPONDENT
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BRANSON J |
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DATE OF ORDER: |
18 OCTOBER 2005 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The applicant’s application for leave to appeal from the interlocutory judgment of Hely J be dismissed.
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 1768 of 2005 |
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BETWEEN: |
PAMELA JOAN BUDD APPLICANT
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AND: |
FEDERAL PRIVACY COMMISSIONER RESPONDENT
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JUDGE: |
BRANSON J |
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DATE: |
18 OCTOBER 2005 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 On 22 September 2005 the applicant filed a notice of motion seeking leave to appeal from an interlocutory judgment published by Hely J on 2 September 2005. His Honour, in reliance on O 35A r 3(1)(a) of the Federal Court Rules, dismissed an application for an order of review filed by the applicant on 15 March 2005.
2 The applicant requires an extension of time within which to make her application for leave to appeal (O 52 r 10(2A)). If I were satisfied that an appeal from the interlocutory judgment of Hely J had any prospect of success I would grant the applicant the extension of time required to allow her to press her application for leave to appeal.
3 However, I am satisfied that no appellable error attends the interlocutory judgment of Hely J. His Honour was alert to the problems faced by the applicant and made sympathetic allowance for them. No error of principle can be seen to have affected his Honour’s conclusion that, notwithstanding the applicant’s problems, six months was ample opportunity for her to get legal advice and present an intelligible case for the respondent to answer. She did not present, and still has not presented, an intelligible case for the respondent to answer.
4 For the above reasons the applicant’s application for leave to appeal from the interlocutory judgment of Hely J is dismissed. The respondent does not seek an order for costs.
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I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Branson. |
Associate:
Dated: 18 October 2005
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The Applicant appeared in person by telephone. |
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Counsel for the Respondent: |
A Markus |
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Solicitor for the Respondent: |
Australian Government Solicitor |
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Date of Hearing: |
18 October 2005 |
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Date of Judgment: |
18 October 2005 |
