Bechara v Bates [2018] FCA 460

Bechara v Bates [2018] FCA 460

The proposed grounds of appeal lack reasonable prospects of success as FCC acted within its powers under the Federal Circuit Court Rules to dismiss the application for non-appearance and default. No breach of procedural fairness occurred in refusing the adjournment, and ordinary case management principles, including judgment in default, apply to reviews under s 104 FCCA Act.

Jurisdiction
Australia
Judgment Date
06 April 2018
Procedural Posture
Application for Extension of Time and Leave to Appeal / Judgment on Extension of Time
Outcome
Application for extension of time dismissed
Legal Topics
['extension of Time to Appeal' 'default Judgment' 'reinstatement of Proceedings' 'procedural Fairness' 'costs Recovery by Self Represented Barrister']
['practice and Procedure' 'insolvency'] ['extension of Time to Appeal' 'default Judgment' 'reinstatement of Proceedings' 'procedural Fairness' 'costs Recovery by Self Represented Barrister']

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Judgment on Extension of Time

Legal Issues

  1. 1 ['Whether an extension of time to seek leave to appeal should be granted' 'Whether the Federal Circuit Court had power to grant default judgment on a review under s 104 FCCA Act' 'Whether the applicant was denied procedural fairness in refusal to grant adjournment' 'Capacity in which self-represented barrister appears and entitlement to recover costs']

Ratio Decidendi

The proposed grounds of appeal lack reasonable prospects of success as FCC acted within its powers under the Federal Circuit Court Rules to dismiss the application for non-appearance and default. No breach of procedural fairness occurred in refusing the adjournment, and ordinary case management principles, including judgment in default, apply to reviews under s 104 FCCA Act.

Court Disposition

Application for extension of time dismissed

Orders

  • ['The application for an extension of time is dismissed.' 'Costs are reserved.']