Burnell-Slorach v Mansell [2008] FCA 956

Burnell-Slorach v Mansell [2008] FCA 956

The application for leave to appeal was dismissed because the proposed appeal had no arguable prospect of success and refusal of leave would cause no injustice: the complaint about the February order requiring Ms Burnell-Slorach to vacate the property had already been heard and dismissed, and the access issue had been resolved or was a matter for negotiation rather than court direction.

Jurisdiction
Australia
Judgment Date
20 June 2008
Procedural Posture
Application for Leave to Appeal / Federal Court Application for Leave to Appeal Against an Order of the Federal Magistrates Court Made on 16 June 2008
Outcome
The application for leave to appeal was dismissed with costs.
Legal Topics
['leave to Appeal' 'application to Set Aside Order' 'property Vested in Trustee in Bankruptcy' 'access to Property' 'costs']
['bankruptcy' 'civil Procedure'] ['leave to Appeal' 'application to Set Aside Order' 'property Vested in Trustee in Bankruptcy' 'access to Property' 'costs']

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Procedural Posture

Application for Leave to Appeal / Federal Court Application for Leave to Appeal Against an Order of the Federal Magistrates Court Made on 16 June 2008

Legal Issues

  1. 1 ['Whether leave should be granted to appeal against the Federal Magistrates Court order dismissing the notice of motion filed on 13 June 2008.' "Whether there was an arguable prospect of success in challenging the order made in Ms Burnell-Slorach's absence." 'Whether refusal of leave would cause injustice.']

Ratio Decidendi

The application for leave to appeal was dismissed because the proposed appeal had no arguable prospect of success and refusal of leave would cause no injustice: the complaint about the February order requiring Ms Burnell-Slorach to vacate the property had already been heard and dismissed, and the access issue had been resolved or was a matter for negotiation rather than court direction.

Court Disposition

The application for leave to appeal was dismissed with costs.

Orders

  • ['The application for leave to appeal be dismissed with costs.']