Gounder v Superior Alignments Pty Ltd [2019] FCA 2093

Gounder v Superior Alignments Pty Ltd [2019] FCA 2093

No explanation or merit in delay or in proposed new grounds; leave to raise new issues and adduce new evidence not justified; application for extension of time dismissed due to lack of prospects of success.

Jurisdiction
Australia
Judgment Date
06 December 2019
Procedural Posture
Application for Extension of Time to Appeal / Dismissal of Application for Extension of Time
Outcome
Application dismissed
Legal Topics
['extension of Time for Appeal' 'leave to Rely on New Grounds' 'adduction of New Evidence' 'sequestration Order' 'bankruptcy Notice' 'default Judgment']
['bankruptcy' 'practice and Procedure'] ['extension of Time for Appeal' 'leave to Rely on New Grounds' 'adduction of New Evidence' 'sequestration Order' 'bankruptcy Notice' 'default Judgment']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Dismissal of Application for Extension of Time

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time in which to appeal' 'Whether leave should be granted to rely on new grounds and new evidence in the appeal']

Ratio Decidendi

No explanation or merit in delay or in proposed new grounds; leave to raise new issues and adduce new evidence not justified; application for extension of time dismissed due to lack of prospects of success.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.' "The respondent's costs be costs in the applicant's bankruptcy."]