The Full Court treated a notice of appeal from an interlocutory judgment as an application for leave to appeal under s 24(1A) of the Federal Court of Australia Act 1976 and refused leave. The Court upheld the primary judge's refusal to set aside a dismissal order under O 35 r 7 where the applicant failed to attend a directions hearing and could not demonstrate an arguable case on the merits, confirming this was a proper exercise of discretion within House v The King principles.
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