Kok v Commonwealth Development Bank (Australia) Ltd [2003] FCA 1107

Leave to appeal should be refused as the application lacked merit, the issues were factual and could have been raised earlier, and there was no prospect of the appeal succeeding.

Jurisdiction: Australia
Judgment Date: 01 October 2003
Procedural Posture: Application for Extension of Time to Appeal / Judgment on Application for Extension of Time
Outcome: application dismissed
Legal Topics: ['extension of Time' 'appeal' 'sequestration Order' 'default Judgment']

['bankruptcy' 'civil Procedure'] ['extension of Time' 'appeal' 'sequestration Order' 'default Judgment']

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Application for Extension of Time to Appeal / Judgment on Application for Extension of Time

Legal Issues

1 ['Whether leave should be granted for extension of time to file and serve a notice of appeal against a sequestration order' 'Whether there was a satisfactory explanation for the delay in making and prosecuting the application for extension of time' 'Whether the projected appeal against the sequestration order had any prospect of success']

Ratio Decidendi

Leave to appeal should be refused as the application lacked merit, the issues were factual and could have been raised earlier, and there was no prospect of the appeal succeeding.

Court Disposition

application dismissed

Orders

['The application be dismissed.' "The applicant pay the respondent's costs."]