Stankovic v The Hills Shire Council (No 2) [2012] FCA 522

Stankovic v The Hills Shire Council (No 2) [2012] FCA 522

Leave to amend the application for leave to appeal out of time was refused because the proposed amendments were futile and proceeded on a misapprehension of law, particularly regarding the effect of the 1988 referendum and section 116 of the Bankruptcy Act 1966 (Cth).

Jurisdiction
Australia
Judgment Date
04 May 2012
Procedural Posture
Application for Leave to Amend Application for Leave to Appeal Out of Time / Interlocutory
Outcome
Application for leave to amend refused
Legal Topics
['appeal Out of Time' 'bankruptcy Act S 116' 'local Government' 'constitutional Referenda']
['bankruptcy' 'constitutional Law'] ['appeal Out of Time' 'bankruptcy Act S 116' 'local Government' 'constitutional Referenda']

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Procedural Posture

Application for Leave to Amend Application for Leave to Appeal Out of Time / Interlocutory

Legal Issues

  1. 1 ['Whether the applicant should be granted leave to amend the application for leave to appeal out of time' 'Whether proposed amendments to the grounds of appeal and joinder of further respondents are arguable']

Ratio Decidendi

Leave to amend the application for leave to appeal out of time was refused because the proposed amendments were futile and proceeded on a misapprehension of law, particularly regarding the effect of the 1988 referendum and section 116 of the Bankruptcy Act 1966 (Cth).

Court Disposition

Application for leave to amend refused

Orders

  • ["The applicant's application for leave to amend his application for leave to file and serve out of time be refused."]