Cheung v Maxims Entertainment Pty Ltd [2003] FCA 227

Cheung v Maxims Entertainment Pty Ltd [2003] FCA 227

The application for extension of time was dismissed because the appeal sought had no prospects of success; both issues the applicant raised were found to lack substance, and the Federal Magistrate's findings on service and solvency were upheld.

Parties
Applicant: Wing Cheung; Respondent: Maxims Entertainment Pty Ltd
Jurisdiction
Australia
Judgment Date
13 March 2003
Procedural Posture
Application for Extension of Time to Appeal / Judgment on Application
Outcome
application dismissed
Legal Topics
Extension of Time, Annulment of Bankruptcy, Service of Bankruptcy Documents, Solvency
Bankruptcy Extension of Time Annulment of Bankruptcy Service of Bankruptcy Documents Solvency

Case Brief

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Parties

Wing Cheung

Applicant

Maxims Entertainment Pty Ltd

Respondent

Procedural Posture

Application for Extension of Time to Appeal / Judgment on Application

Legal Issues

  1. 1 Whether an extension of time to appeal should be granted
  2. 2 Whether the bankrupt received proper service of the bankruptcy notice and creditor's petition
  3. 3 Whether the bankrupt was solvent and entitled to annulment

Ratio Decidendi

The application for extension of time was dismissed because the appeal sought had no prospects of success; both issues the applicant raised were found to lack substance, and the Federal Magistrate's findings on service and solvency were upheld.

Court Disposition

application dismissed

Orders

  • The application for extension of time is dismissed.
  • The applicant pay the costs of the application, those costs to be payable out of the estate of the applicant.