Tsimiklis v Sellers [2003] FCA 1257

FEDERAL COURT OF AUSTRALIA

Tsimiklis v Sellers [2003] FCA 1257 PRACTICE & PROCEDURE – application for extension of time within which to appeal from a decision of Federal Magistrates Court – need for "special reasons" – absence of adequate explanation for delay – whether applicants' solicitors mistaken belief as to relevant period amounts to adequate explanation – whether ongoing discussions regarding settlement constitutes adequate explanation – relevance of strength of applicants' proposed grounds of appeal – application for extension of time refused BANKRUPTCY – disposition by bankrupt of property to her daughter – whether disposition void as against Trustee pursuant to s 120 of the Bankruptcy Act – federal magistrate found that disposition not made for valuable consideration – applicants seek extension of time within which to file notice of appeal – magistrate made findings of fact regarding applicants' credibility – application for extension of time refused

Bankruptcy Act 1966 (Cth) s 120 Jess v Scott (1986) 12 FCR 187 at 195 applied Fitzgerald v The Trustees Executors and Agency Company Ltd (1892) 18 VLR 521 referred to Re Coles and Ravenshear [1907] 1 KB 1 referred to Re a Debtor (1910) 55 SJ 48 referred to Gatti v Shoosmith [1939] Ch 841 referred to Ratnam v Cumarasamy [1965] 1 WLR 8 referred to Salter Rex & Co v Ghosh [1971] 2 QB 597 referred to R v Secretary of State for the Home Department; ex parte Mehta [1975] 1 WLR 1087 referred to Stollznow v Calvert [1980] 2 NSWLR 749 referred to Wolcott v Davis (1984) 4 FCR 124 referred to Palata Investments Ltd v Burt & Sinfield Ltd [1985] 1 WLR 942 referred to Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 discussed Repatriation Commission v Nugent [2003] FCA 1184 referred to Howard v Australian Electoral Commission [2000] FCA 1767 referred to