Re Lisciandro, Cono; Ex parte Lisciandro, Cono v The Official Trustee in Bankruptcy [1996] FCA 97

Re Lisciandro, Cono; Ex parte Lisciandro, Cono v The Official Trustee in Bankruptcy [1996] FCA 97

Special circumstances existed because the bankrupt had special disabilities affecting his understanding of the law and proceedings, the delay was explained by difficulties in receiving reasons, obtaining instructions and advice, there was no demonstrated appeal prejudice to the respondents from the delay, and the proposed appeal could not be characterised as having no prospect of success. The time for filing the Notice of Appeal was therefore extended.

Jurisdiction
Australia
Judgment Date
19 February 1996
Procedural Posture
Bankruptcy Application for Extension of Time to Appeal / Application Before Cooper J Against a Decision of Kiefel J Dismissing an Application for Review of the Official Trustee in Bankruptcy's Decision to Admit a Proof of Debt
Outcome
Application granted; time for filing the Notice of Appeal extended.
Legal Topics
['extension of Time to Appeal' 'special Circumstances' 'exercise of Discretion' 'proof of Debt' 'unconscionability and Guarantees']
['bankruptcy' 'practice and Procedure'] ['extension of Time to Appeal' 'special Circumstances' 'exercise of Discretion' 'proof of Debt' 'unconscionability and Guarantees']

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Procedural Posture

Bankruptcy Application for Extension of Time to Appeal / Application Before Cooper J Against a Decision of Kiefel J Dismissing an Application for Review of the Official Trustee in Bankruptcy's Decision to Admit a Proof of Debt

Legal Issues

  1. 1 ['Whether special circumstances justified extending time to file a Notice of Appeal.' 'Whether the delay beyond the prescribed time was explained.' 'Whether the respondents would suffer prejudice if time were extended.' 'Whether the proposed appeal was so devoid of merit that an extension should be refused.']

Ratio Decidendi

Special circumstances existed because the bankrupt had special disabilities affecting his understanding of the law and proceedings, the delay was explained by difficulties in receiving reasons, obtaining instructions and advice, there was no demonstrated appeal prejudice to the respondents from the delay, and the proposed appeal could not be characterised as having no prospect of success. The time for filing the Notice of Appeal was therefore extended.

Court Disposition

Application granted; time for filing the Notice of Appeal extended.

Orders

  • ['The time for filing the Notice of Appeal be extended to 4.00 pm 4 March 1996.' 'The costs of this application be reserved to the Full Court hearing the appeal.' 'There be liberty to apply.']