Dimitriou v Curtis [2013] FCA 198

Dimitriou v Curtis [2013] FCA 198

The applicant filed no material addressing the possible solvency issue for which legal assistance had been ordered, and she did not show any arguable error in the primary judge's reasons or that refusal of leave would occasion substantial injustice; therefore the application for leave to appeal had to be dismissed.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
01 February 2013
Procedural Posture
Application for Leave to Appeal / Application Dismissed
Outcome
The application for leave to appeal was dismissed with costs.
Legal Topics
['leave to Appeal' 'sequestration Order' 'solvency' 'referral for Legal Assistance' 'costs']
['bankruptcy' 'civil Procedure' 'appeals'] ['leave to Appeal' 'sequestration Order' 'solvency' 'referral for Legal Assistance' 'costs']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

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

Procedural Posture

Application for Leave to Appeal / Application Dismissed

Legal Issues

  1. 1 ['Whether the applicant had an arguable case on appeal concerning whether she was solvent at the time of the sequestration order on the evidence before the primary judge.' 'Whether the applicant had shown any arguable error in the reasons of the primary judge.' 'Whether refusing leave to appeal would occasion substantial injustice.']

Ratio Decidendi

The applicant filed no material addressing the possible solvency issue for which legal assistance had been ordered, and she did not show any arguable error in the primary judge's reasons or that refusal of leave would occasion substantial injustice; therefore the application for leave to appeal had to be dismissed.

Court Disposition

The application for leave to appeal was dismissed with costs.

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant pay the respondent's costs."]