Jacobs v Wily [2013] FCA 544

Jacobs v Wily [2013] FCA 544

The applicant failed to provide an acceptable explanation for the delay and the proposed grounds of appeal lacked merit; procedural fairness was observed as the applicant had notice and the opportunity to participate. Consequently, neither the extension of time nor stay of orders sought could be granted.

Source-derived case information.

Parties
Applicant: Kevin Roy Jacobs; Respondent: Andrew Hugh Jenner Wily
Jurisdiction
Australia
Judgment Date
31 May 2013
Procedural Posture
Interlocutory Application; Application for Extension of Time to Appeal / Determination of Extension of Time and Related Interlocutory Application
Outcome
Application for extension of time and interlocutory application dismissed
Legal Topics
Extension of Time to Appeal, Application for Stay, Bankruptcy Property Divisible Among Creditors
Practice and Procedure Bankruptcy Extension of Time to Appeal Application for Stay Bankruptcy Property Divisible Among Creditors

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kevin Roy Jacobs

Applicant

Andrew Hugh Jenner Wily

Respondent

Procedural Posture

Interlocutory Application; Application for Extension of Time to Appeal / Determination of Extension of Time and Related Interlocutory Application

Legal Issues

  1. 1 Whether adequate explanation for delay in filing notice of appeal
  2. 2 Whether proposed grounds of appeal have reasonable prospects of success
  3. 3 Whether extension of time should be granted for filing notice of appeal

Ratio Decidendi

The applicant failed to provide an acceptable explanation for the delay and the proposed grounds of appeal lacked merit; procedural fairness was observed as the applicant had notice and the opportunity to participate. Consequently, neither the extension of time nor stay of orders sought could be granted.

Court Disposition

Application for extension of time and interlocutory application dismissed

Orders

  • The applicant for an extension of time filed on 24 May 2013 is dismissed.
  • The interlocutory application filed on 24 May 2013 is dismissed.