Vasiliou v Marchesi [2006] FCA 37

Vasiliou v Marchesi [2006] FCA 37

There was no realistic prospect of success on any appeal as there was no evidence before the primary judge that would justify inquiry into the conduct of the trustee. No special reason was shown to justify extension of time for appeal, and therefore leave to appeal out of time was refused.

Jurisdiction
Australia
Judgment Date
03 February 2006
Procedural Posture
Appeal / Application for Extension of Time to File Appeal
Outcome
Application for leave to appeal out of time dismissed with costs
Legal Topics
['removal of Trustee' 'extension of Time for Appeal']
['bankruptcy'] ['removal of Trustee' 'extension of Time for Appeal']

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
Sign in to unlock

Procedural Posture

Appeal / Application for Extension of Time to File Appeal

Legal Issues

  1. 1 ['Whether leave should be granted to appeal out of time against the dismissal of an application for removal of a trustee in bankruptcy' 'Whether there is any realistic prospect of success on the appeal' 'Whether special reasons exist to grant extension of time']

Ratio Decidendi

There was no realistic prospect of success on any appeal as there was no evidence before the primary judge that would justify inquiry into the conduct of the trustee. No special reason was shown to justify extension of time for appeal, and therefore leave to appeal out of time was refused.

Court Disposition

Application for leave to appeal out of time dismissed with costs

Orders

  • ['The application of the applicant for leave to appeal out of time is to be dismissed.' "The applicant pay the respondent's costs."]