Samootin v Official Trustee in Bankruptcy; In the Matter of Samootin [2010] FCA 711

Samootin v Official Trustee in Bankruptcy; In the Matter of Samootin [2010] FCA 711

The application for leave to appeal was dismissed as redundant because leave to appeal had already been granted on 9 June 2010. In light of the applicant's misunderstanding of earlier orders, the time for filing a Notice of Appeal was extended to 16 July 2010 and directions given for the prosecution of the appeal.

Jurisdiction
Australia
Judgment Date
07 July 2010
Procedural Posture
Leave to Appeal From Interlocutory Decisions in Bankruptcy Related Proceedings / Application for Leave to Appeal; Extension of Time and Related Directions
Outcome
Application for leave to appeal dismissed as otiose; extension of time granted; procedural directions made; no order as to costs.
Legal Topics
['leave to Appeal' 'interlocutory Decisions' 'extension of Time' 'joinder of Parties' 'amendment of Process' 'self Represented Litigants']
['bankruptcy' 'civil Procedure'] ['leave to Appeal' 'interlocutory Decisions' 'extension of Time' 'joinder of Parties' 'amendment of Process' 'self Represented Litigants']

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Procedural Posture

Leave to Appeal From Interlocutory Decisions in Bankruptcy Related Proceedings / Application for Leave to Appeal; Extension of Time and Related Directions

Legal Issues

  1. 1 ['Whether leave to appeal from interlocutory decisions of Flick J on 9 June 2010 had already been granted' 'Whether application for leave to appeal was misconceived and otiose' 'Whether extension of time to file Notice of Appeal should be granted']

Ratio Decidendi

The application for leave to appeal was dismissed as redundant because leave to appeal had already been granted on 9 June 2010. In light of the applicant's misunderstanding of earlier orders, the time for filing a Notice of Appeal was extended to 16 July 2010 and directions given for the prosecution of the appeal.

Court Disposition

Application for leave to appeal dismissed as otiose; extension of time granted; procedural directions made; no order as to costs.

Orders

  • ['Leave to file affidavit sworn on 6 July 2010 granted.' 'Whole proceeding (NSD 708 of 2010) dismissed.' 'No order as to costs.' 'Time to file Notice of Appeal pursuant to earlier leave extended to 16 July 2010.' 'Notice of Appeal not to exceed three pages.' 'Applicant to file and serve submissions by 28 July 2010...