Shields, Isaac John MacKay & Ors v Official Receiver in Bankruptcy & Anor [1996] FCA 757

Shields, Isaac John MacKay & Ors v Official Receiver in Bankruptcy & Anor [1996] FCA 757

The Full Court had ruled that Mr Isaac Shields had no standing in relation to the trespass matter. The present application was signed only by him, and not by Geoffrey Neil Keith Shields and Norma Rose Shields, who were the persons who would need to bring any such application. Accordingly Mr Shields's application for an extension of time had to be dismissed.

Jurisdiction
Australia
Judgment Date
12 August 1996
Procedural Posture
Application for an Extension of Time in Which to File and Serve a Notice of Appeal / Hearing Before Davies J
Outcome
Application dismissed with costs.
Legal Topics
['extension of Time to Appeal' 'standing' 'notice of Appeal' 'trespass']
['civil Procedure' 'appellate Procedure' 'bankruptcy' 'property Law'] ['extension of Time to Appeal' 'standing' 'notice of Appeal' 'trespass']

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Procedural Posture

Application for an Extension of Time in Which to File and Serve a Notice of Appeal / Hearing Before Davies J

Legal Issues

  1. 1 ['Whether Mr Isaac Shields had standing to seek an extension of time to appeal against the judgment of Beazley J on the alleged trespass issue.' 'Whether any application for an extension of time had to be brought and signed by Geoffrey Neil Keith Shields and Norma Rose Shields.']

Ratio Decidendi

The Full Court had ruled that Mr Isaac Shields had no standing in relation to the trespass matter. The present application was signed only by him, and not by Geoffrey Neil Keith Shields and Norma Rose Shields, who were the persons who would need to bring any such application. Accordingly Mr Shields's application for an extension of time had to be dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application will be dismissed with costs.']