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
Case Brief
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the order refusing extension of time for compliance with bankruptcy notice was interlocutory or final
- 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.
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