Conway v Insolvency & Trustee Service Australia [2003] FCA 321

Conway v Insolvency & Trustee Service Australia [2003] FCA 321

The applicant should be granted an extension of time as there is a real issue concerning whether the Administrative Appeals Tribunal considered the absence of evidence of what taxed costs would be and if the circumstances gave rise to a provable debt.

Parties
Applicant: Richard Peter Conway; Respondent: Insolvency & Trustee Service Australia
Jurisdiction
Australia
Judgment Date
08 April 2003
Procedural Posture
Application for Extension of Time to Appeal / Ruling on Extension of Time to File Notice of Appeal
Outcome
Extension of time granted to applicant to file and serve notice of appeal.
Legal Topics
Extension of Time, Provable Debts, Costs Orders
Bankruptcy Extension of Time Provable Debts Costs Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Richard Peter Conway

Applicant

Insolvency & Trustee Service Australia

Respondent

Procedural Posture

Application for Extension of Time to Appeal / Ruling on Extension of Time to File Notice of Appeal

Legal Issues

  1. 1 Whether an extension of time to file and serve a notice of appeal should be granted
  2. 2 Whether an unassessed costs order constitutes a provable debt in bankruptcy
  3. 3 Whether the Administrative Appeals Tribunal failed to consider relevant legal principles regarding provable debts

Ratio Decidendi

The applicant should be granted an extension of time as there is a real issue concerning whether the Administrative Appeals Tribunal considered the absence of evidence of what taxed costs would be and if the circumstances gave rise to a provable debt.

Court Disposition

Extension of time granted to applicant to file and serve notice of appeal.

Orders

  • Extension of time to file and serve notice of appeal to 4 pm, 11 April 2003
  • Appeal, when instituted, stood over to a date to be fixed