Jones v Official Receiver [2017] FCA 1294

Jones v Official Receiver [2017] FCA 1294

Although an extension of time was justified because Mr Jones was unrepresented, had provided medical certificates and had attempted to pursue his legal rights as quickly as he was able, leave to appeal was refused and the appeal dismissed because the grounds of denial of natural justice, denial of procedural fairness and reasonable apprehension of bias had no merit. Any procedural unfairness from the 12 April 2017 dismissal was addressed by the opportunity to seek reinstatement on 9 May 2017. The refusal of the adjournment and reinstatement was a discretionary procedural decision open to the primary Judge, and the directions for evidence on the Cross-Claim did not support an apprehension...

Jurisdiction
Australia
Judgment Date
21 November 2017
Procedural Posture
Bankruptcy Appeal and Application for Extension of Time and Leave to Appeal / Federal Court Appeal From Federal Circuit Court Orders
Outcome
Extension of time granted; leave to appeal refused; appeal dismissed; appellant ordered to pay the costs of the Second and Third Respondents.
Legal Topics
['transfers of Property Being Void' 'section 139 ZQ Notice' 'extension of Time' 'leave to Appeal' 'failure to Appear' 'adjournment' 'reinstatement of Application' 'natural Justice' 'procedural Fairness' 'reasonable Apprehension of Bias' 'discretionary Procedural Orders']
['bankruptcy' 'practice and Procedure'] ['transfers of Property Being Void' 'section 139 ZQ Notice' 'extension of Time' 'leave to Appeal' 'failure to Appear' 'adjournment' 'reinstatement of Application' 'natural Justice' 'procedural Fairness' 'reasonable Apprehension of Bias' 'discretionary Procedural Orders']

Case Brief

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Procedural Posture

Bankruptcy Appeal and Application for Extension of Time and Leave to Appeal / Federal Court Appeal From Federal Circuit Court Orders

Legal Issues

  1. 1 ['Whether an extension of time should be granted to seek leave to appeal from the orders made on 12 April 2017 and 9 May 2017.' "Whether leave to appeal should be granted from the orders dismissing Mr Jones' application and refusing reinstatement and an adjournment." 'Whether the orders made on 16 June 2017 should be set aside on grounds of denial of natural justice, denial of procedural fairness or judicial bias.' "Whether the primary Judge's refusal of an adjournment and refusal to reinstate the application involved appellable error." 'Whether there was a reasonable apprehension of bias arising from directions for filing evidence in support of the Cross-Claim.']

Ratio Decidendi

Although an extension of time was justified because Mr Jones was unrepresented, had provided medical certificates and had attempted to pursue his legal rights as quickly as he was able, leave to appeal was refused and the appeal dismissed because the grounds of denial of natural justice, denial of procedural fairness and reasonable apprehension of bias had no merit. Any procedural unfairness from the 12 April 2017 dismissal was addressed by the opportunity to seek reinstatement on 9 May 2017. The refusal of the adjournment and reinstatement was a discretionary procedural decision open to the primary Judge, and the directions for evidence on the Cross-Claim did not support an apprehension...

Court Disposition

Extension of time granted; leave to appeal refused; appeal dismissed; appellant ordered to pay the costs of the Second and Third Respondents.

Orders

  • ['An extension of time in which to seek leave to appeal from the orders made on 12 April 2017 and 9 May 2017 is granted and time extended up to 15 June 2017.' 'Leave to appeal from the orders made on 12 April 2017 and 9 May 2017 is refused.' 'The appeal from the orders made on 16 June 2017 is dismissed.' 'The...