El-Hanania v Vella [2020] FCA 147

El-Hanania v Vella [2020] FCA 147

Given that the Bankruptcy Notice has been set aside by the Federal Circuit Court, there is no utility in the application for extension of time and leave to appeal, and therefore the application should be dismissed with costs.

Parties
Applicant: Mr Saba El-Hanania; Respondent: Mr Alon Joseph Vella
Jurisdiction
Australia
Judgment Date
14 February 2020
Procedural Posture
Application for Extension of Time and Leave to Appeal / Dismissal of Application
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Leave to Appeal, Utility of Application, Costs
Bankruptcy Practice and Procedure Extension of Time Leave to Appeal Utility of Application Costs

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Parties

Mr Saba El-Hanania

Applicant

Mr Alon Joseph Vella

Respondent

Procedural Posture

Application for Extension of Time and Leave to Appeal / Dismissal of Application

Legal Issues

  1. 1 Whether there is utility in the application for extension of time and leave to appeal
  2. 2 Whether the time for compliance with the requirements of the Bankruptcy Notice should be extended

Ratio Decidendi

Given that the Bankruptcy Notice has been set aside by the Federal Circuit Court, there is no utility in the application for extension of time and leave to appeal, and therefore the application should be dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • The application for an extension of time and leave to appeal filed on 31 July 2019 be dismissed.
  • The applicant pay the respondent's costs of the application.