Norman v Heers (Trustee) [2016] FCA 821

Norman v Heers (Trustee) [2016] FCA 821

Extension of time to appeal was refused because the period sought was significant in context, applicants provided no explanation for their delay or failure to commence appeal within time, did not demonstrate that their appeal was reasonably arguable, and granting the extension would cause prejudice to the administration of the bankrupt estate.

Jurisdiction
Australia
Judgment Date
20 July 2016
Procedural Posture
Application for Extension of Time to Appeal / Determination on Application
Outcome
Application for extension of time to appeal refused
Legal Topics
['extension of Time to Appeal' 'bankrupt Estate Administration' 'sale of Property' 'appeals Procedure']
['bankruptcy' 'practice and Procedure'] ['extension of Time to Appeal' 'bankrupt Estate Administration' 'sale of Property' 'appeals Procedure']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Determination on Application

Legal Issues

  1. 1 ['Whether extension of time to appeal should be granted' 'Whether prejudice to applicants or respondent would result from extension' 'Whether proposed appeal grounds are reasonably arguable']

Ratio Decidendi

Extension of time to appeal was refused because the period sought was significant in context, applicants provided no explanation for their delay or failure to commence appeal within time, did not demonstrate that their appeal was reasonably arguable, and granting the extension would cause prejudice to the administration of the bankrupt estate.

Court Disposition

Application for extension of time to appeal refused

Orders

  • ['The application for an extension of time in which to appeal is refused.']