Grigorieva v The Owners - Strata Plan No 31534 [2017] FCA 1099

Application for extension of time to appeal dismissed as proposed grounds were unmeritorious; no breach of natural justice, no evidence of solvency, debt properly established, and threshold for going behind default judgment not met.

Jurisdiction: Australia
Judgment Date: 05 September 2017
Procedural Posture: Corporations/bankruptcy Application / Application for Extension of Time to File Notice of Appeal Dismissed
Outcome: Application dismissed
Legal Topics: ['extension of Time to Appeal' 'sequestration Order' 'natural Justice' 'solvency' 'dispute of Debt']

['corporations' 'bankruptcy' 'commercial'] ['extension of Time to Appeal' 'sequestration Order' 'natural Justice' 'solvency' 'dispute of Debt']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Corporations/bankruptcy Application / Application for Extension of Time to File Notice of Appeal Dismissed

Legal Issues

1 ['Whether there was breach of natural justice due to applicants’ absence at judgment or hearing' 'Whether applicants were solvent and able to pay debts' 'Whether debt owed to creditor was validly disputed' 'Whether grounds for going behind default judgment debt imposed by primary judge existed']

Ratio Decidendi

Court Disposition

Application dismissed

Orders

['Application for an extension of time to file notice of appeal dismissed' "Applicants to pay first respondent's costs fixed at $11,000" "Applicants to pay second respondent's costs as taxed or agreed"]