Samootin v Wagner [2007] FCA 1366

Samootin v Wagner [2007] FCA 1366

The applications were dismissed because the draft notice of appeal and supporting material did not identify any error in the Federal Magistrate's decision or any arguable ground of appeal, and there was no basis on which the grounds could be redrafted to warrant putting the matter before a Full Court.

Jurisdiction
Australia
Judgment Date
21 August 2007
Procedural Posture
Application for Extension of Time to Appeal and Application for Leave to Appeal / On Appeal From the Federal Magistrates Court of Australia
Outcome
Application for extension of time dismissed; application for leave to appeal dismissed; applicant ordered to pay the respondents' costs.
Legal Topics
['annulment of Sequestration Order' 'extension of Time to Appeal' 'leave to Appeal' 'interlocutory Applications' 'litigant in Person']
['bankruptcy' 'civil Procedure' 'appellate Procedure'] ['annulment of Sequestration Order' 'extension of Time to Appeal' 'leave to Appeal' 'interlocutory Applications' 'litigant in Person']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal and Application for Leave to Appeal / On Appeal From the Federal Magistrates Court of Australia

Legal Issues

  1. 1 ['Whether time should be extended to file and serve a notice of appeal from the dismissal of the application for annulment of a sequestration order.' 'Whether leave to appeal should be granted from the dismissal of interlocutory applications relating to a request that parties be subpoenaed.' 'Whether the applicant identified any arguable ground of appeal or error in the decision below.']

Ratio Decidendi

The applications were dismissed because the draft notice of appeal and supporting material did not identify any error in the Federal Magistrate's decision or any arguable ground of appeal, and there was no basis on which the grounds could be redrafted to warrant putting the matter before a Full Court.

Court Disposition

Application for extension of time dismissed; application for leave to appeal dismissed; applicant ordered to pay the respondents' costs.

Orders

  • ['The application for extension of time to file and serve a notice of appeal is dismissed.' 'The application for leave to appeal is dismissed.' 'The applicant pay the costs of the respondents.']