Sobey v Nicol [2007] FCA 921

Sobey v Nicol [2007] FCA 921

The court found that, by a narrow margin and considering all the circumstances, there was a satisfactory explanation for the delay in seeking leave to appeal from the order refusing adjournment on 24 November 2006. Accordingly, time for filing the notice of motion seeking leave to appeal was extended.

Parties
Appellant: Anthony John Sobey; Respondents: Colin McIntosh Nicol and Samuel Charles Davies as Joint and Several Receiver and Manager of the Property of Guiseppe Antonio Mercorella and the Scheme and as Joint and Several Liquidators of the Scheme
Jurisdiction
Australia
Judgment Date
15 June 2007
Procedural Posture
Interlocutory Application in Appellate Proceedings / Application for Extension of Time to Seek Leave to Appeal
Outcome
Time within which the applicant may file a notice of motion seeking leave to appeal from the orders made on 24 November 2006 is extended up to and including 21 May 2007. The application for leave to appeal by notice of motion dated 21 May 2007 is referred to the Full Court.
Legal Topics
Application for Extension of Time, Leave to Appeal, Interlocutory Appeals, Adjournment Refusal
Civil Procedure Application for Extension of Time Leave to Appeal Interlocutory Appeals Adjournment Refusal

Case Brief

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Parties

Anthony John Sobey

Appellant

Colin McIntosh Nicol and Samuel Charles Davies as Joint and Several Receiver and Manager of the Property of Guiseppe Antonio Mercorella and the Scheme and as Joint and Several Liquidators of the Scheme

Respondents

Procedural Posture

Interlocutory Application in Appellate Proceedings / Application for Extension of Time to Seek Leave to Appeal

Legal Issues

  1. 1 Whether extension of time should be granted for filing notice of motion seeking leave to appeal from orders of 24 November 2006
  2. 2 Whether there is a satisfactory explanation for delay
  3. 3 Whether extension would be futile

Ratio Decidendi

The court found that, by a narrow margin and considering all the circumstances, there was a satisfactory explanation for the delay in seeking leave to appeal from the order refusing adjournment on 24 November 2006. Accordingly, time for filing the notice of motion seeking leave to appeal was extended.

Court Disposition

Time within which the applicant may file a notice of motion seeking leave to appeal from the orders made on 24 November 2006 is extended up to and including 21 May 2007. The application for leave to appeal by notice of motion dated 21 May 2007 is referred to the Full Court.

Orders

  • The time within which the applicant may file a notice of motion seeking leave to appeal from the orders made on 24 November 2006 be extended up to and including 21 May 2007.
  • The application for leave to appeal by notice of motion dated 21 May 2007 is referred to the Full Court of this Court.