Low v The Owners Strata Plan No. 35790 [2016] FCA 949

Low v The Owners Strata Plan No. 35790 [2016] FCA 949

The appeal was dismissed because the appellant had adequate notice of the hearing, had failed to appear, comply with directions and prosecute the appeal, satisfying r 36.74(1)(a), (c) and (d); additionally, review of the grounds of appeal and the primary judge's reasons showed no basis on which the appeal was likely to succeed.

Jurisdiction
Australia
Judgment Date
09 August 2016
Procedural Posture
Bankruptcy and Insolvency Appeal / Interlocutory Application to Dismiss Appeal for Failure to Prosecute Under R 36.74 of the Federal Court Rules 2011 (cth)
Outcome
Appeal dismissed.
Legal Topics
['sequestration Order' "review of Registrar's Order" 'dismissal of Appeal for Want of Prosecution' 'failure to Attend Hearings' 'prospects of Success on Appeal' 'annulment of Bankruptcy']
['bankruptcy and Insolvency' 'practice and Procedure'] ['sequestration Order' "review of Registrar's Order" 'dismissal of Appeal for Want of Prosecution' 'failure to Attend Hearings' 'prospects of Success on Appeal' 'annulment of Bankruptcy']

Case Brief

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Procedural Posture

Bankruptcy and Insolvency Appeal / Interlocutory Application to Dismiss Appeal for Failure to Prosecute Under R 36.74 of the Federal Court Rules 2011 (cth)

Legal Issues

  1. 1 ['Whether the appellant had failed to prosecute the appeal, comply with directions, and attend hearings relating to the appeal.' "Whether the respondent's application to dismiss the appeal was served at the appellant's address for service or personally as required by r 36.74(2)." 'Whether the appeal had any prospects of success having regard to the grounds of appeal and the Federal Circuit Court judgment.']

Ratio Decidendi

The appeal was dismissed because the appellant had adequate notice of the hearing, had failed to appear, comply with directions and prosecute the appeal, satisfying r 36.74(1)(a), (c) and (d); additionally, review of the grounds of appeal and the primary judge's reasons showed no basis on which the appeal was likely to succeed.

Court Disposition

Appeal dismissed.

Orders

  • ['That the appeal be dismissed.' "That the respondent's costs be paid out of the proceeds of the bankrupt estate."]