Stankovic v The Hills Shire Council (No 3) [2012] FCA 523

Stankovic v The Hills Shire Council (No 3) [2012] FCA 523

Leave to file and serve a notice of appeal out of time was refused because the proposed grounds and additional matters raised had no substance or prospects of success, the issues concerning exempt assets were not relevant to whether the sequestration order should have been made, and the applicant failed to provide a satisfactory explanation for the extraordinarily long delay of more than two years. In those circumstances there were no special reasons to extend time.

Jurisdiction
Australia
Judgment Date
04 May 2012
Procedural Posture
Application for Leave to File and Serve a Notice of Appeal Out of Time From Federal Magistrates Court Sequestration Orders / Determination of Application
Outcome
Application dismissed.
Legal Topics
['sequestration Order' 'extension of Time to Appeal' 'special Reasons' 'exempt Property' 'supporting Creditor' 'costs Order']
['bankruptcy' 'civil Procedure' 'appellate Procedure'] ['sequestration Order' 'extension of Time to Appeal' 'special Reasons' 'exempt Property' 'supporting Creditor' 'costs Order']

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Procedural Posture

Application for Leave to File and Serve a Notice of Appeal Out of Time From Federal Magistrates Court Sequestration Orders / Determination of Application

Legal Issues

  1. 1 ['Whether special reasons existed to grant leave to file and serve a notice of appeal out of time more than two years after the sequestration order.' 'Whether the proposed appeal had sufficient prospects of success to justify an extension of time.' 'Whether the applicant provided an acceptable explanation for the delay.' "Whether issues concerning workers compensation monies, alleged solvency, Kent Attorneys' debt, ANZ Bank finance, or the Land & Environment Court costs order disclosed error in the making of the sequestration order."]

Ratio Decidendi

Leave to file and serve a notice of appeal out of time was refused because the proposed grounds and additional matters raised had no substance or prospects of success, the issues concerning exempt assets were not relevant to whether the sequestration order should have been made, and the applicant failed to provide a satisfactory explanation for the extraordinarily long delay of more than two years. In those circumstances there were no special reasons to extend time.

Court Disposition

Application dismissed.

Orders

  • ["The applicant's application for leave to file and serve a notice of appeal out of time, filed on 19 May 2011, be dismissed."]