Maytom v Prentice [2013] FCA 387

Maytom v Prentice [2013] FCA 387

Extension of time to file the notice of appeal is granted due to short delay and possible arguable ground of denial of procedural fairness; however, the appeal grounds are limited and the parties are required to undertake mediation before further steps are taken.

Parties
Applicant: Gary Allan Maytom; First Respondent: Maxwell William Prentice of BPS Recovery; Second Respondent: Craig Pryor of Warren McKeon Dickeson Solicitors Pty Ltd; Third Respondent: Jackson Lalic Solicitors
Jurisdiction
Australia
Judgment Date
17 April 2013
Procedural Posture
Application for Extension of Time to Appeal / Application for Leave to Extend Time Before Filing Notice of Appeal
Outcome
Extension of time to file appeal granted, mediation ordered, appeal grounds limited, litigation guardian appointed with waived affidavit/consent requirements.
Legal Topics
Extension of Time for Appeal, Procedural Fairness, Appointment of Litigation Guardian
Bankruptcy Civil Procedure Extension of Time for Appeal Procedural Fairness Appointment of Litigation Guardian

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Parties

Gary Allan Maytom

Applicant

Maxwell William Prentice of BPS Recovery

First Respondent

Craig Pryor of Warren McKeon Dickeson Solicitors Pty Ltd

Second Respondent

Jackson Lalic Solicitors

Third Respondent

Procedural Posture

Application for Extension of Time to Appeal / Application for Leave to Extend Time Before Filing Notice of Appeal

Legal Issues

  1. 1 Whether extension of time to file notice of appeal should be granted
  2. 2 Whether there is an arguable ground of denial of procedural fairness in the decision below
  3. 3 Whether litigation guardian should be appointed without strict compliance with affidavit and consent requirements

Ratio Decidendi

Extension of time to file the notice of appeal is granted due to short delay and possible arguable ground of denial of procedural fairness; however, the appeal grounds are limited and the parties are required to undertake mediation before further steps are taken.

Court Disposition

Extension of time to file appeal granted, mediation ordered, appeal grounds limited, litigation guardian appointed with waived affidavit/consent requirements.

Orders

  • The time for filing and serving of a Notice of Appeal by the applicant is extended to 7 May 2013.
  • As a condition of the extension, the parties are referred to mediation before a Registrar no later than 1 May 2013 and no step is to be taken in the appeal pending outcome of the mediation.