Singh v Owners Strata Plan 11723 [2013] FCA 714

Singh v Owners Strata Plan 11723 [2013] FCA 714

Leave to appeal was refused because there was no prospect that an appeal would succeed. The allegations underlying the requested interim relief and the struck-out final relief had been repeatedly ventilated and decided against Mr Singh, no proper foundation was shown to interfere with the trustee's administration of the bankrupt estates, and s 37(2) of the Bankruptcy Act 1966 (Cth) precluded suspension of the sequestration order. Because leave to appeal was refused, an extension of time had no utility.

Jurisdiction
Australia
Judgment Date
24 July 2013
Procedural Posture
Bankruptcy Appeal Application / Application for Extension of Time and Leave to Appeal From Orders of the Federal Circuit Court of Australia
Outcome
The application for extension of time and leave to appeal was dismissed with costs.
Legal Topics
['sequestration Order' 'administration of Bankrupt Estates' 'extension of Time' 'leave to Appeal' 'interim Relief' 'annulment of Bankruptcy' 'strike Out']
['bankruptcy' 'civil Procedure' 'appeals'] ['sequestration Order' 'administration of Bankrupt Estates' 'extension of Time' 'leave to Appeal' 'interim Relief' 'annulment of Bankruptcy' 'strike Out']

Case Brief

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Procedural Posture

Bankruptcy Appeal Application / Application for Extension of Time and Leave to Appeal From Orders of the Federal Circuit Court of Australia

Legal Issues

  1. 1 ["Whether the applicant should be granted an extension of time to seek leave to appeal from Judge Driver's orders." 'Whether leave to appeal should be granted against the dismissal of interim relief restraining the sale of bankrupt estate properties.' 'Whether leave to appeal should be granted against the order striking out paragraph 2 of the application for final relief.' 'Whether s 37(2) of the Bankruptcy Act 1966 (Cth) prevented suspension of the operation of the sequestration order or administration of the bankrupt estates.']

Ratio Decidendi

Leave to appeal was refused because there was no prospect that an appeal would succeed. The allegations underlying the requested interim relief and the struck-out final relief had been repeatedly ventilated and decided against Mr Singh, no proper foundation was shown to interfere with the trustee's administration of the bankrupt estates, and s 37(2) of the Bankruptcy Act 1966 (Cth) precluded suspension of the sequestration order. Because leave to appeal was refused, an extension of time had no utility.

Court Disposition

The application for extension of time and leave to appeal was dismissed with costs.

Orders

  • ['The application for extension of time and leave to appeal filed on 27 June 2013 is dismissed with costs.']