Szabo v Dasford Holdings Pty Ltd [2002] FCA 1438

FEDERAL COURT OF AUSTRALIA

Szabo v Dasford Holdings Pty Ltd [2002] FCA 1438 PROCEDURE – appeal – application for extension of time to file notice of appeal – error of solicitor – notice filed a few hours after due date – absence of prejudice – issues for argument Federal Court of Australia Act 1976 (Cth) ss 33A, 33C, 33C(1)(a), 33L, 33ZC(1), 33ZC(1)(b) Trade Practices Act 1974 (Cth) s 51AC Federal Court Rules O 52 r 15, r 15(1), 15(1)(a) and r 15(2)

Boomalli Ltd v Hake [1985] WAR 7 referred to Hallman v Distribution Group Ltd [2002] FCA 219 referred to Tillman's Butchery Pty Ltd (in liq) v Huntingford (Neaves J, 24 December 1990, unreported) referred to Compaq Computer Australia Pty Ltd v Merry (unreported, Federal Court, 14 August 1998) referred to Jess v Scott (1986) 12 FCR 187 referred to WABX v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 300 referred to Atkinson v Commissioner of Taxation [2000] FCR 1621 referred to Tydeman v Deputy Registrar of Child Support Agency [1999] FCA 936 referred to Brehoi v Minister for Immigration & Multicultural Affairs [1999] FCA 772 referred to Howard v Australian Electoral Commission [2000] FCA 1767 referred to Kalaba v The Queen (Finn J, 13 September 1996, unreported) referred to Palata Investments Ltd v Burt & Sinfield Ltd [1985] 2 All ER 517 referred to ANDREA SZABO (AS SUB-GROUP REPRESENTATIVE OF THE SUB-GROUP MEMBERS MENTIONED IN THE APPLICATION) v DASFORD HOLDINGS PTY LTD and ORS W284 of 2002 RD NICHOLSON J 25 NOVEMBER 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W284 of 2002

BETWEEN: ANDREA SZABO (AS SUB-GROUP REPRESENTATIVE OF THE SUB-GROUP MEMBERS REFERRED TO BELOW)

APPLICANT

AND: KANDI LEE ANN REVIAN AND GRANT WILLIAM THOMPSON AS TRUSTEES FOR THE GKDK TRUST CEASED TRADING AS LEADING EDGE VIDEO CLARKSON (SHOP 17)