Winn v Leigh [2016] FCA 320

Winn v Leigh [2016] FCA 320

Ms Winn's application for extension of time was dismissed because non-service of a sealed copy did not invalidate the proceeding; the respondent was aware of the application and not prejudiced. Costs were awarded against Ms Winn as the unsuccessful party, as there was no merit in her argument that the respondent should be penalised in costs for not raising invalidity at the earliest opportunity.

Parties
Applicant: Julene Winn; Respondent: David John Leigh
Jurisdiction
Australia
Judgment Date
01 April 2016
Procedural Posture
Application for Extension of Time / Judgment on Application for Extension of Time
Outcome
Application for extension of time dismissed; costs awarded against applicant.
Legal Topics
Extension of Time, Service of Court Documents, Costs, Notice of Objection to Competency, Bankruptcy Annulment
Practice and Procedure Bankruptcy Law Extension of Time Service of Court Documents Costs Notice of Objection to Competency Bankruptcy Annulment

Case Brief

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Parties

Julene Winn

Applicant

David John Leigh

Respondent

Procedural Posture

Application for Extension of Time / Judgment on Application for Extension of Time

Legal Issues

  1. 1 Whether the proceeding was invalid due to non-service of a sealed copy of the application for extension of time
  2. 2 Whether costs should be awarded against the respondent for not raising invalidity earlier

Ratio Decidendi

Ms Winn's application for extension of time was dismissed because non-service of a sealed copy did not invalidate the proceeding; the respondent was aware of the application and not prejudiced. Costs were awarded against Ms Winn as the unsuccessful party, as there was no merit in her argument that the respondent should be penalised in costs for not raising invalidity at the earliest opportunity.

Court Disposition

Application for extension of time dismissed; costs awarded against applicant.

Orders

  • The application for extension of time filed on 3 December 2015 be dismissed.
  • Ms Winn pay the respondent's costs of and incidental to the proceeding to be taxed if not otherwise agreed.