Wood v Links Golf Tasmania Pty Ltd [2013] FCA 75

Wood v Links Golf Tasmania Pty Ltd [2013] FCA 75

The further extension of time was refused as a matter of discretion because the applicants had taken no explained step between 16 July 2012 and 21 December 2012 to prepare the draft notice of appeal or put in train the necessary application for leave under s 237 of the Corporations Act 2001 (Cth), despite recognising that leave was required; they had therefore slept on whatever rights they had, and any further time for filing a notice of appeal could be considered by the judge dealing with the substantive leave application under r 36.03(b).

Jurisdiction
Australia
Judgment Date
31 January 2013
Procedural Posture
Application for Extension of Time / Interlocutory Application Filed on 25 January 2013
Outcome
Interlocutory application dismissed with costs.
Legal Topics
['extension of Time to File Notice of Appeal' 'derivative Proceedings' 'leave to Bring Appeal on Behalf of Company' 'federal Court Rules']
['corporations Law' 'civil Procedure' 'appeals'] ['extension of Time to File Notice of Appeal' 'derivative Proceedings' 'leave to Bring Appeal on Behalf of Company' 'federal Court Rules']

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Procedural Posture

Application for Extension of Time / Interlocutory Application Filed on 25 January 2013

Legal Issues

  1. 1 ['Whether the time for Links Golf Tasmania Pty Ltd to file any notice of appeal from the judgment made on 26 June 2012 and the order made on 16 July 2012 should be extended pursuant to r 36.05 of the Federal Court Rules 2011 (Cth).' "Whether the applicants' unexplained delay in preparing a draft notice of appeal and seeking leave under s 237 of the Corporations Act 2001 (Cth) justified refusing a further extension of time." 'Whether any question of fixing a time for filing a notice of appeal should be left to the judge determining the substantive s 237 leave application.']

Ratio Decidendi

The further extension of time was refused as a matter of discretion because the applicants had taken no explained step between 16 July 2012 and 21 December 2012 to prepare the draft notice of appeal or put in train the necessary application for leave under s 237 of the Corporations Act 2001 (Cth), despite recognising that leave was required; they had therefore slept on whatever rights they had, and any further time for filing a notice of appeal could be considered by the judge dealing with the substantive leave application under r 36.03(b).

Court Disposition

Interlocutory application dismissed with costs.

Orders

  • ['The application for the order sought in paragraph 1 of the interlocutory application filed on 25 January 2013 be dismissed.' 'The applicants pay the costs of the respondents, Links Golf Tasmania Pty Ltd (ACN 096 744 661), RG Sattler and RG Sattler Nominees Pty Ltd, of the interlocutory application.']