Hamod v State of New South Wales

REASONS FOR JUDGMENT 1 There is before me an application which seeks extensions of time within which to seek leave to appeal from various interlocutory judgments given by a Judge of this Court, Conti J. Further, on the assumption that those extensions of time are granted, the application also seeks leave to appeal from those interlocutory judgments. 2 The application is brought both by an individual, Mr Anthony Hamod, and by a company, Hamock Investments Pty Limited. I was told by Mr Hamod from the Bar table this morning that he is the sole shareholder of the company. The company did not appear before me by a legal representative. However, Mr Hamod sought leave to appear on behalf of the company, as well as on his own behalf, and I granted him that leave for the purpose of the hearing of the application. I note that neither respondent to the application opposed Mr Hamod's appearing on behalf of the company. 3 The application for extensions of time, which was filed on 14 November 2001, identifies the relevant interlocutory judgments of Conti J as having been given on 28 February 2001, 26 April 2001, 18 May 2001, 16 August 2001, 21 September 2001 and 24 September 2001. To have been sought in time, leave to appeal from each of those interlocutory judgments should have been sought within seven days from the pronouncement of the interlocutory judgment concerned: see O 52, par 10(2)(b) of the Federal Court Rules (Cth) ("the Rules"). 4 My power to extend the time within which to seek leave to appeal from each of those interlocutory judgments comes from the paragraph of the Rules which I have just mentioned, while my power to grant leave to appeal from each of those interlocutory judgments, assuming I were to exercise my power to extend time, comes from O 52, par 10(2)(a) of the Rules. 5 It is convenient to set out immediately the various interlocutory orders which were made by Conti J on the various days mentioned in the application for extensions of time. Those interlocutory orders were as follows: · 28 February 2001 (see Hamod v State of New South Wales [2001] FCA 157):

1. The Amended Statement of Claim of the Applicants filed herein on 27 October 2000 be struck-out.