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- Oct 14, 2021
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- #1
Client name: xtub12345
Counsel name: Solid Law Firm
Were you originally the plaintiff or the Defendant:
The Plaintiff
Reason for the Appeal:
The case was dismissed in the Federal Court, and the Honour Banana stated in their dismissal the following:
This case is hereby dismissed, on the following grounds.
This is appealing a decision that was made in the same level of court as this appeal. The Federal Court cannot hear appeals of Federal Court decisions.
The Plaintiff’s position is that this is not applicable when contesting a specific opinion of the Court during the case. To clarify, the original case did not appeal the verdict, it contested a decision made by the Federal Court during the case, specifically the charge of Contempt of Court, which is why the case was filed at the Federal Court, for it to reconsider the decision it previously made, not the verdict.
Supporting our claims, the Judicial Standards Act states as follows:
"Once a court case is adjourned, either party may request to appeal the decision by filing an appeal in the court of the next tier."
The definite article the clearly shows the decision in question is the one and final verdict. This is furthermore reinforced by saying such appeal, one contesting the verdict, can be filed after the court case is adjourned, which is not the case with reconsidering a charge of Contempt of Court. For these reasons, the Judicial Standards Act does not apply with our case, and as such should be heard at the Federal Court for reconsidering.
This case is filed after the Supreme Court instructed the Plaintiff to file the civil damages and charge reconsidering as separate lawsuits, which is now done, and this appeal concerns the suit only contesting the charge.
Additional Information:
Original Case: xtub12345 v. Commonwealth of Redmont [2022] FCR 98
The case in which the charge was administered: Unfairly Taxed Citizens CALG v. Commonwealth of Redmont [2022] FCR 77
The Supreme Court dismissal of the first appeal: [2022] FCR 94 - Appeal Request - SCR 25 [2022]
Counsel name: Solid Law Firm
Were you originally the plaintiff or the Defendant:
The Plaintiff
Reason for the Appeal:
The case was dismissed in the Federal Court, and the Honour Banana stated in their dismissal the following:
This case is hereby dismissed, on the following grounds.
This is appealing a decision that was made in the same level of court as this appeal. The Federal Court cannot hear appeals of Federal Court decisions.
The Plaintiff’s position is that this is not applicable when contesting a specific opinion of the Court during the case. To clarify, the original case did not appeal the verdict, it contested a decision made by the Federal Court during the case, specifically the charge of Contempt of Court, which is why the case was filed at the Federal Court, for it to reconsider the decision it previously made, not the verdict.
Supporting our claims, the Judicial Standards Act states as follows:
"Once a court case is adjourned, either party may request to appeal the decision by filing an appeal in the court of the next tier."
The definite article the clearly shows the decision in question is the one and final verdict. This is furthermore reinforced by saying such appeal, one contesting the verdict, can be filed after the court case is adjourned, which is not the case with reconsidering a charge of Contempt of Court. For these reasons, the Judicial Standards Act does not apply with our case, and as such should be heard at the Federal Court for reconsidering.
This case is filed after the Supreme Court instructed the Plaintiff to file the civil damages and charge reconsidering as separate lawsuits, which is now done, and this appeal concerns the suit only contesting the charge.
Additional Information:
Original Case: xtub12345 v. Commonwealth of Redmont [2022] FCR 98
The case in which the charge was administered: Unfairly Taxed Citizens CALG v. Commonwealth of Redmont [2022] FCR 77
The Supreme Court dismissal of the first appeal: [2022] FCR 94 - Appeal Request - SCR 25 [2022]
