Grundy v Wattyl Australia Pty Ltd [2002] FCA 1480

FEDERAL COURT OF AUSTRALIA

Grundy v Wattyl Australia Pty Ltd [2002] FCA 1480 BANKRUPTCY – appeal from a decision of the Federal Magistrate – Federal Magistrate dismissed an application for review of a sequestration order under Federal Magistrates Act 1999 (Cth) s 104 – not an application for annulment under Bankruptcy Act 1996 (Cth) s 153B – application for review out of time – five months delay – insufficient explanation of delay to justify granting an extension of time – legal advice – advice by employee of Trustee – ignorance – illness – setting aside the sequestration order under the power to review would cause prejudice – appellant's knowledge of prejudice PRACTICE AND PROCEDURE – appeal from a decision of the Federal Magistrate – Federal Magistrate dismissed an application for review of a sequestration order – five months delay – whether extension of time should be granted – insufficient explanation of delay – prejudice CONSTITUTIONAL LAW (CTH) – judicial power of commonwealth – Federal Magistrates Court – delegation of powers to registrars – decisions of registrar reviewable by Court – time limit for application to review – validity – power to extend – court appeal or review - The Constitution (62 & 63 Vict. c. 12) Ch III – Federal Magistrates Court Rules 2001, r 20.01

The Constitution (62 & 63 Vict. c. 12) Ch III Bankruptcy Act 1966 (Cth) s 153B Federal Court of Australia Act 1976 (Cth) s 24 Federal Magistrates Act 1999 (Cth) s 104 Federal Magistrates Court Rules 2001 rr 20.01, 20.02, 35.03

Harris v Caladine (1991) 172 CLR 84 cited Harrington v Lowe (1996) 190 CLR 311 cited PHILLIP GRUNDY v WATTYL AUSTRALIA PTY LTD N 249 0F 2002 DOWNES J 28 NOVEMBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 249 OF 2002

BETWEEN: PHILLIP GRUNDY