Boylan v Farthing [2000] FCA 1797

Boylan v Farthing [2000] FCA 1797

The appeal is dismissed as the subject matter is now moot and academic, given the bankruptcy notice was found invalid on other grounds. There is no basis upon which the appeal can be prosecuted, and no ground for interference with Finn J’s costs order; further, the respondents' undertaking not to recover costs addresses the appellant's concerns.

Jurisdiction
Australia
Judgment Date
01 December 2000
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
['extension of Time to Comply With Bankruptcy Notice' 'costs' 'appeal Procedure']
['bankruptcy'] ['extension of Time to Comply With Bankruptcy Notice' 'costs' 'appeal Procedure']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether time to comply with bankruptcy notice can be extended pending outcome of applications or counterclaims' 'Whether Finn J had power to extend time for compliance with bankruptcy notice' 'Whether order for costs by Finn J should be set aside']

Ratio Decidendi

The appeal is dismissed as the subject matter is now moot and academic, given the bankruptcy notice was found invalid on other grounds. There is no basis upon which the appeal can be prosecuted, and no ground for interference with Finn J’s costs order; further, the respondents' undertaking not to recover costs addresses the appellant's concerns.

Court Disposition

appeal dismissed

Orders

  • ['The appeal be dismissed.' 'There be no order for costs.' 'The respondents will not take any step to recover costs ordered by Finn J on 9 June 2000 until further order of a single Judge of the Court.']