Daevys v Official Trustee in Bankruptcy; In the Matter of Daevys [2011] FCA 397

Daevys v Official Trustee in Bankruptcy; In the Matter of Daevys [2011] FCA 397

The extension of time was refused because Mr Daevys did not provide an adequate explanation for the delay and, more importantly, the proposed notice of appeal and supporting material did not identify any arguable error in the Federal Magistrate's application of s 153B of the Bankruptcy Act 1966 (Cth) or any issue warranting determination in the interests of the administration of justice. No special reason was shown under O 52 r 15(2).

Jurisdiction
Australia
Judgment Date
20 April 2011
Procedural Posture
Application for Extension of Time to File and Serve a Notice of Appeal / Application Dismissed
Outcome
The Application for Extension of Time to File and Serve a Notice of Appeal was dismissed.
Legal Topics
['extension of Time to Appeal' 'special Reasons' "debtor's Petition" 'annulment of Bankruptcy']
['practice and Procedure' 'bankruptcy'] ['extension of Time to Appeal' 'special Reasons' "debtor's Petition" 'annulment of Bankruptcy']

Case Brief

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Procedural Posture

Application for Extension of Time to File and Serve a Notice of Appeal / Application Dismissed

Legal Issues

  1. 1 ['Whether special reasons existed under O 52 r 15(2) of the Federal Court Rules to extend time to file and serve a notice of appeal.' "Whether the proposed appeal identified arguable error in the Federal Magistrate's refusal to annul the bankruptcy under s 153B of the Bankruptcy Act 1966 (Cth)." "Whether the debtor's petition ought not to have been presented or ought not to have been accepted."]

Ratio Decidendi

The extension of time was refused because Mr Daevys did not provide an adequate explanation for the delay and, more importantly, the proposed notice of appeal and supporting material did not identify any arguable error in the Federal Magistrate's application of s 153B of the Bankruptcy Act 1966 (Cth) or any issue warranting determination in the interests of the administration of justice. No special reason was shown under O 52 r 15(2).

Court Disposition

The Application for Extension of Time to File and Serve a Notice of Appeal was dismissed.

Orders

  • ['The Application for Extension of Time to File and Serve a Notice of Appeal as filed on 30 December 2010 is dismissed.' "The Respondent Trustee's costs be costs in the administration of the estate."]