Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Jessup (Trustee) v Mountain View Farm [2002] FCA 664
BANKRUPTCY – application for an extension of time within which to file and serve a notice of appeal – six days outside time limit – delay due to error of counsel not applicant – O 52 subr 15(2) Federal Court Rules gives the Court power to grant leave to file and serve a notice of appeal at any time for special reasons – requires a consideration of the demands of justice in accordance with a broad judicial discretion – substantial justice to prevail over technical default – arguable grounds of appeal – short delay – no prejudice asserted by respondents WORDS & PHRASES – "special reasons" Administrative Decisions (Judicial Review) Act 1977 (Cth) Federal Court Rules, O 52 r 15 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344, cited Jess v Scott (1986) 70 ALR 185, applied Salter Rex & Co v Ghosh [1971] 2 QB 597, cited Hughes National Trustees Executors & Agency Co of Australasia Limited [1978] VR 257, cited Zocchi v The Queen [2000] 116 A Crim R 245, cited IAN DAVID JESSUP as Trustee of the Estate of GEORGE KEVIN WILSON (a bankrupt) v MOUNTAIN VIEW FARM PTY LTD & OTHERS No Q 62 of 2002 SPENDER J BRISBANE 23 MAY 2002
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 62 of 2002
BETWEEN: IAN DAVID JESSUP as Trustee of the Estate of GEORGE KEVIN WILSON (a bankrupt), Estate No. Qld. 3549/97/61V
APPLICANT
AND: MOUNTAIN VIEW FARM PTY LTD (ACN 070 315 338) as Trustee for the Wilson Family Discretionary Trust
FIRST RESPONDENT
GEORGE KEVIN WILSON (a bankrupt)
SECOND RESPONDENT
MAUREEN GUAT WILSON
THIRD RESPONDENT
JUDGE: SPENDER J
DATE OF ORDER: 23 MAY 2002
WHERE MADE: BRISBANE
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