Wheaton v Krawec [2018] FCA 1466

Wheaton v Krawec [2018] FCA 1466

The application for an extension of time to appeal was dismissed because the applicant provided no substantive evidence beyond stating that he sought an extension, was given an opportunity to support the application but could not articulate any arguable basis for it, and conceded that there was no point to the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 September 2018
Procedural Posture
Application for Extension of Time to Appeal / Hearing of Application for Extension of Time to Appeal From Decision of Kerr J
Outcome
Application dismissed; costs ordered to be paid out of the applicant's bankrupt estate.
Legal Topics
['extension of Time to Appeal' 'appeal From Federal Court Judge' 'stay of Proceeding' "review of Registrar's Decision" 'costs From Bankrupt Estate']
['practice and Procedure' 'bankruptcy' 'commercial and Corporations'] ['extension of Time to Appeal' 'appeal From Federal Court Judge' 'stay of Proceeding' "review of Registrar's Decision" 'costs From Bankrupt Estate']

Source-derived case record

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Procedural Posture

Application for Extension of Time to Appeal / Hearing of Application for Extension of Time to Appeal From Decision of Kerr J

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to appeal against the decision of Kerr J given on 7 March 2018.' 'Whether the application should be adjourned pending the issuance of further unspecified proceedings.' "Whether the respondent's costs should be paid from the applicant's bankrupt estate."]

Ratio Decidendi

The application for an extension of time to appeal was dismissed because the applicant provided no substantive evidence beyond stating that he sought an extension, was given an opportunity to support the application but could not articulate any arguable basis for it, and conceded that there was no point to the application because the decision had lapsed and been overtaken by events.

Court Disposition

Application dismissed; costs ordered to be paid out of the applicant's bankrupt estate.

Orders

  • ["The applicant's application for an extension of time to appeal against the decision of Kerr J given on 7 March 2018 be dismissed." "The costs of this application be paid out of the applicant's bankrupt estate."]