Khadpekar v Official Trustee in Bankruptcy [2008] FCA 1888

Khadpekar v Official Trustee in Bankruptcy [2008] FCA 1888

The delay was short, reasonably explained, and there was at least an arguable case that the Federal Magistrate misapplied the discretion under s 178 of the Bankruptcy Act 1966; extension of time is therefore granted.

Parties
Applicant: Mangala Khadpekar; Respondent: Official Trustee in Bankruptcy
Jurisdiction
Australia
Judgment Date
25 November 2008
Procedural Posture
Motion for Extension of Time to Appeal / Preliminary/interlocutory Application
Outcome
Extension of time granted
Legal Topics
Extension of Time for Appeal, S 178 Bankruptcy Act, Appeal Procedure
Bankruptcy Extension of Time for Appeal S 178 Bankruptcy Act Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Mangala Khadpekar

Applicant

Official Trustee in Bankruptcy

Respondent

Procedural Posture

Motion for Extension of Time to Appeal / Preliminary/interlocutory Application

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time to file and serve a notice of appeal from a decision refusing relief under s 178 Bankruptcy Act 1966

Ratio Decidendi

The delay was short, reasonably explained, and there was at least an arguable case that the Federal Magistrate misapplied the discretion under s 178 of the Bankruptcy Act 1966; extension of time is therefore granted.

Court Disposition

Extension of time granted

Orders

  • The applicant is granted an extension of time to 27 June 2008 within which to file and serve the notice of appeal from the decision of Federal Magistrate Burnett dated 23 May 2008.
  • Notice of the hearing of the appeal be given to the petitioning creditor by the respondent.