Maytom v Warren McKeon Dickson Pty Ltd [2012] FCA 1300

Maytom v Warren McKeon Dickson Pty Ltd [2012] FCA 1300

The application for an extension of time was dismissed because the proposed application for leave to appeal was hopeless: the orders appealed from were procedural orders made to ready an annulment application for hearing, the annulment application had since been dismissed, and the procedural orders were spent. There was no rare case or very good reason warranting leave to appeal from such procedural orders.

Jurisdiction
Australia
Judgment Date
20 November 2012
Procedural Posture
Application for Extension of Time Within Which to Seek Leave to Appeal From Orders of the Federal Magistrates Court / Application Dismissed
Outcome
Application dismissed with costs.
Legal Topics
['extension of Time' 'leave to Appeal' 'procedural Orders' 'annulment of Bankruptcy' 'sequestration Order']
['bankruptcy' 'appellate Procedure'] ['extension of Time' 'leave to Appeal' 'procedural Orders' 'annulment of Bankruptcy' 'sequestration Order']

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Procedural Posture

Application for Extension of Time Within Which to Seek Leave to Appeal From Orders of the Federal Magistrates Court / Application Dismissed

Legal Issues

  1. 1 ['Whether time should be extended for the applicant to seek leave to appeal from procedural orders made by the Federal Magistrates Court on 2 August 2012.' 'Whether the proposed application for leave to appeal had sufficient merit where the procedural orders had been directed to preparing an annulment application for hearing and were spent.']

Ratio Decidendi

The application for an extension of time was dismissed because the proposed application for leave to appeal was hopeless: the orders appealed from were procedural orders made to ready an annulment application for hearing, the annulment application had since been dismissed, and the procedural orders were spent. There was no rare case or very good reason warranting leave to appeal from such procedural orders.

Court Disposition

Application dismissed with costs.

Orders

  • ["The applicant's application for an extension of time within which to seek leave to appeal from Orders made by the Federal Magistrates Court on 2 August 2012 be dismissed." "The applicant pay the respondents' costs of and incidental to that application."]