I stand corrected. I was not aware that the full hearing from...

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cheapstake

445 Posts.

24/10/14

00:30

Post #: 14173667
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Originally posted by Consolidated Fuzz ↑

Cheapstake,

This part of the Legislation deals with the powers of a single Judge of Appeal.

The judgement handed down on 8 October 2014 was from the Full Bench of the Appeals Court, not a single Judge. See below from 1st October 2014 AVQ announcement:

"During the hearing on 30 September 2014, the Chief Justice indicated that the full hearing of Sumitomo's application for injunction may be able to be heard by the Court of Appeal, which is sitting next week."

Since it was the full bench (on 8th October) and not a single Appeals Judge your theory does not apply.

I think you are getting confused with the Chief Justice of the Appeals Court who accepted SMM's injunction application in the first place on 30 September.

Also SMM are (probably) appealing against the High Court Ruling of September 24, not the injunction.

So, to get back to what I said before...

"Like I said, we would have been informed on any SMM "Leave to Appeal" notice going in by Axiom.

IMO SMM have, or soon will, take the other route, i.e. they will put in an "Application to Appeal" which has to be put in by tomorrow afternoon (or perhaps Monday)."

Cheers.

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I stand corrected. I was not aware that the full hearing from the application on 30/09/2014 to the court was heard by a full bench as you state. I have seen no case files with the Judges names published as yet, but the pathway to appeal or re-hear is the same if fault is found with the rulings. IMO.

Last edited by cheapstake: 24/10/14

AVQ Price at posting: 1.8¢ Sentiment: Buy Disclosure: Held
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