Malone v Wainter Pty Ltd; In the Matter of New Tel Limited (In Liq) [2004] FCA 1368

Malone v Wainter Pty Ltd; In the Matter of New Tel Limited (In Liq) [2004] FCA 1368

The application for extension of time should be granted due to the relatively short delay, the combination of being unrepresented, seeking further legal advice, little prejudice to the respondent, and the practical ability to hear the appeal together with related matters. These circumstances, taken together, constitute special reasons for granting an extension of time and, if necessary, leave to appeal.

Parties
Applicant: Peter Francis Malone; Respondent: Wainter Pty Ltd
Jurisdiction
Australia
Judgment Date
21 October 2004
Procedural Posture
Appeal / Application for Extension of Time and for Leave to Appeal
Outcome
Extension of time and leave to appeal granted
Legal Topics
Extension of Time for Appeal, Leave to Appeal, Summons for Examination, Abuse of Process
Practice and Procedure Corporations Extension of Time for Appeal Leave to Appeal Summons for Examination Abuse of Process

Case Brief

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Parties

Peter Francis Malone

Applicant

Wainter Pty Ltd

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether extension of time to seek leave to appeal should be granted
  2. 2 Whether leave to appeal is required from judgment refusing to discharge examination summons under Corporations Act
  3. 3 Whether there are special reasons to extend time for appeal

Ratio Decidendi

The application for extension of time should be granted due to the relatively short delay, the combination of being unrepresented, seeking further legal advice, little prejudice to the respondent, and the practical ability to hear the appeal together with related matters. These circumstances, taken together, constitute special reasons for granting an extension of time and, if necessary, leave to appeal.

Court Disposition

Extension of time and leave to appeal granted

Orders

  • Time extended for applicant to seek leave to appeal and to appeal against decision of Nicholson J to 21 October 2004.
  • Leave to appeal granted (if necessary) on grounds in annexed Notice of Appeal.