Federal Court of Australia
CATCHWORDS
Practice and Procedure - Application for leave to file notice of appeal out of time - Application based on discovery of fresh evidence - Evidence available at trial - Evidence not
likely to have an important influence on result of trial.
Federal Court of Australia Rules, Order 52 r.15.
HAROLD ALBERT THURGOOD v. NATIONAL BANK OF AUSTRALASIA LIMITED
N.S.W. No. G129 of 1981
Bowen C.J., Fox and Deane JJ.
1 October 1981.
Sydney.
IN THE FEDERAL COURT OF AUSTRALIA) )
NEW SOUTH WALES DISTRICT REGISTRY) No. G129 of 1981 ) GENERAL DIVISION ) BETWEEN:
HAROLD ALBERT THURGOOD
Applicant
AND:
NATIONAL BANK OF AUSTRALASIA
LIMITED Respondent ORDER 7 JUDGES MAKING ORDER: Bowen C.J., Fox and Deane JJ. DATE OF ORDER: 1 October 1981. WHERE MADE: Sydney.
THE COURT ORDERS THAT the application be dismissed with costs.
IN THE FEDERAL COURT OF AUSTRALIA) )
NEW SOUTH WALES DISTRICT REGISTRY) No. G129 of 1981 ) GENERAL DIVISION ) BETWEEN:
HAROLD ALBERT THURGOOD
Applicant
AND:
NATIONAL BANK OF AUSTRALASIA LIMITED
Respondent
CORAM: Bowen C.J., Fox and Deane JJ.
1 October 1981.
REASONS FOR JUDGMENT
BOWEN C.J.: This is a matter of practice and procedure, where expedition is important. We think judgment should now be delivered. It is an application for leave to file and serve out of time a notice of appeal against a judgment of Lockhart J., which was given on 5 June 1981, and for an order dispensing with compliance with the rules.
Order 52 rule 15 of the Rules of the Federal Court requires that a notice of appeal be filed and served within 21 days; thus, in the present case, a notice of appeal should
have been filed and served by 26 June. In fact, no notice of
appeal has yet been filed.
A bankruptcy petition was issued on 8 July and served on Mr. Harold Albert Thurgood on 30 July 1981. When the petition came on for hearing an adjournment was sought and obtained to enable an application for an extension of time to file a notice of appeal to be lodged. A timetable was laid down by the Judge who then had the petition before him. According to this timetable the application for leave to file a notice of appeal in extended time was to have been lodged by 15 September 1981.
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