Manny v Shiels

[2022] ACTCA 22

ACT Court of Appeal11 May 2022

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Interrogate

Catchwords

1. Appeal
2. › Application for leave to appeal out of time
3. › Competency of appeal
4. › Whether judgment merged in appellate judgment
5. › Whether further appeal competent after previous appeal finally determined
1. Appeal
2. › Application for leave to appeal out of time
3. › Delay
4. › Approximately 12 years
5. › Whether compelling justification shown for delay
1. Appeal
2. › Merger of judgments
3. › Doctrine that trial judgment merges in appellate judgment
4. › Effect on competency of further appeal from trial judgment

Quick Take

A trial judgment that has been the subject of an appeal determined to finality merges into the appellate judgment, rendering any further appeal from the trial judgment incompetent. A 12-year delay in seeking leave to appeal requires compelling justification, which bare assertions of miscarriage of justice do not satisfy.