Federal Court of Australia
Federal Court of Australia
Alhalek v Quintiliani trading as Kells Lawyers [2021] FCAFC 139 Appeal from: Alhalek v Quintiliani trading as Kells Lawyers [2020] FCA 1272
File number(s): NSD 1020 of 2020
Judgment of: KATZMANN, DERRINGTON AND ANASTASSIOU JJ
Date of judgment: 5 August 2021
Catchwords: PRACTICE AND PROCEDURE - adjournment of hearing - second occasion on which appeal was sought to be adjourned - where applicant sought to adjourn hearing on the morning of the hearing due to counsel unavailability - where application was unsupported by evidence - where non-compliance with obligations pursuant to s 37N of the Federal Court of Australia Act 1976 (Cth)
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 27
Date of hearing: 5 August 2021
Solicitor for the Applicant: Mr B. Horne of Aqua Law
Counsel for the Respondents: Mr R. A Parsons
Solicitor for the Respondents: Kells the Lawyers
ORDERS NSD 1020 of 2020
BETWEEN: KYLED ALHALEK Applicant
AND: MARIO QUINTILIANI, PETER CHODAT, DAVID POTTS, AMY HARPER, MICHAEL HATFIELD AND PAUL MAGANINO T/AS KELLS LAWYERS Respondents
order made by: KATZMANN, DERRINGTON AND ANASTASSIOU JJ DATE OF ORDER: 5 AUGUST 2021
THE COURT ORDERS THAT:
1. The application be dismissed. 2. The costs of the application for adjournment be costs in the cause. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
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