Chetwynd, B.G. & Anor v. Meridien International Credit Corporation Pty Ltd [1985] FCA 676

Chetwynd, B.G. & Anor v. Meridien International Credit Corporation Pty Ltd [1985] FCA 676

The refusal of extension of time for compliance was interlocutory, as the matter could be re-litigated; no features distinguished this case from ordinary cases sufficiently to warrant leave to appeal the interlocutory judgment.

Parties
Applicant/debtor: Brian Glenn Chetwynd; Applicant/debtor: Glynis Rose; Respondent/creditor: Meridien International Credit Corporation Pty Limited
Jurisdiction
Australia
Judgment Date
19 December 1985
Procedural Posture
Bankruptcy Application / Application for Leave to Appeal Interlocutory Judgment
Outcome
Application for leave to appeal refused.
Legal Topics
Extension of Time for Compliance With Bankruptcy Notice, Leave to Appeal From Interlocutory Order

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Parties

Brian Glenn Chetwynd

Applicant/debtor

Glynis Rose

Applicant/debtor

Meridien International Credit Corporation Pty Limited

Respondent/creditor

Procedural Posture

Bankruptcy Application / Application for Leave to Appeal Interlocutory Judgment

  1. 1 Whether the order refusing extension of time for compliance with bankruptcy notice was interlocutory or final
  2. 2 Whether leave to appeal from interlocutory judgment should be granted

Ratio Decidendi

The refusal of extension of time for compliance was interlocutory, as the matter could be re-litigated; no features distinguished this case from ordinary cases sufficiently to warrant leave to appeal the interlocutory judgment.

Court Disposition

Application for leave to appeal refused.

Orders

  • Applicant to pay respondent's costs of the application to be taxed including reserved costs if any.