Davy v ABS Business Sales Pty Ltd [2019] FCA 1466

The application was dismissed because the delay in bringing the application was extraordinary and the explanation offered by Mr Davy for that delay was entirely unsatisfactory.

Jurisdiction: Australia
Judgment Date: 05 September 2019
Procedural Posture: Application for an Extension of Time and Leave to Appeal / Determined on the Papers
Outcome: Application dismissed.
Legal Topics: ['extension of Time' 'leave to Appeal' 'interlocutory Decision' 'delay' 'bankruptcy Standing']

['practice and Procedure' 'employment & Industrial Relations'] ['extension of Time' 'leave to Appeal' 'interlocutory Decision' 'delay' 'bankruptcy Standing']

Case Brief

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Procedural Posture

Application for an Extension of Time and Leave to Appeal / Determined on the Papers

Legal Issues

1 ['Whether the applicant should be granted an extension of time and leave to appeal the Federal Circuit Court decision delivered on 31 October 2017 dismissing his application to reinstate his originating application.' 'Whether the applicant provided a sufficient explanation for the delay in filing the application for an extension of time and leave to appeal.']

Ratio Decidendi

The application was dismissed because the delay in bringing the application was extraordinary and the explanation offered by Mr Davy for that delay was entirely unsatisfactory.

Court Disposition

Application dismissed.

Orders

['The application filed 22 May 2019 is dismissed.']