De Santis v Aravanis [2012] FCA 1258

De Santis v Aravanis [2012] FCA 1258

Despite absence of explanation for delay, the merits of the appeal and minimal prejudice to the respondent justify granting an extension of time; applicant must pay costs for the application as party seeking the indulgence of the Court.

Jurisdiction
Australia
Judgment Date
14 November 2012
Procedural Posture
Application for Extension of Time to Appeal / Post Trial; Extension of Time for Appeal
Outcome
Extension of time granted; applicant to pay costs.
Legal Topics
['extension of Time' 'appeals' 'trusts and Equitable Interests in Bankruptcy' 'costs Orders in Applications']
['bankruptcy' 'family Law' 'administrative Law'] ['extension of Time' 'appeals' 'trusts and Equitable Interests in Bankruptcy' 'costs Orders in Applications']

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Procedural Posture

Application for Extension of Time to Appeal / Post Trial; Extension of Time for Appeal

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to file a Notice of Appeal' 'Whether acceptable explanation for delay was provided' 'Prejudice to respondent from delay' 'Merits of the prospective appeal' 'Who should bear costs of the application']

Ratio Decidendi

Despite absence of explanation for delay, the merits of the appeal and minimal prejudice to the respondent justify granting an extension of time; applicant must pay costs for the application as party seeking the indulgence of the Court.

Court Disposition

Extension of time granted; applicant to pay costs.

Orders

  • ['The Application for an Extension of Time in which to file a Notice of Appeal from the decision of Federal Magistrate Altobelli be granted.' 'The Applicant file its Notice of Appeal within seven days of this date.' "The Applicant pay the First Respondent's costs of the application."]