Sabapathy v Jetstar Airways [2021] FCAFC 25 (04 March 2021) (Logan, Flick and Katzmann JJ)


Catchwords:


PRACTICE AND PROCEDURE — application for leave to appeal from decision of Federal Circuit Court to strike out statement of claim but with leave to replead — factors relevant to granting leave to appeal — where questions of general importance raised but no substantial injustice, whether leave should be granted

PRACTICE AND PROCEDURE — application for judicial review of decision of Federal Circuit Court under s 39B of the Judiciary Act 1903 (Cth) to remove multiple respondents — whether primary judge failed to afford procedural fairness — whether denial of procedural fairness was material — whether there is utility in granting relief — whether applicant has a reasonable cause of action against the removed respondents