Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Malone v Wainter Pty Ltd; In the Matter of New Tel Limited (In Liq)
[2004] FCA 1368
PRACTICE AND PROCEDURE – extension of time – leave to appeal - judgment dismissing application to discharge summonses for examination under the Corporations Act – whether interlocutory or final judgment – whether special reasons for extension of time – short delay – period without legal representation – initial advice against appealing – second opinion in favour of appealing – related parties' appeal listed – appeal capable of being heard with related parties' appeal – little prejudice to respondent – extension of time granted – leave to appeal granted CORPORATIONS – summons for examination – application to discharge summons – refusal of application – whether interlocutory judgment – whether leave to appeal required Corporations Act 2001 (Cth)s596A, s 596B Federal Court of Australia Act 1976 (Cth) s 24 Federal Court Rules O 52 r 10, r 15 Corporations Law Rules r 2.2, 11.3, 11.5 Wainter Pty Ltd, In the Matter of New Tel Limited (In Liq) [2004] FCA 1021 cited Deighton v Telstra Corporation Ltd (unrep, Full Fed Court, 17 October 1997) PETER FRANCIS MALONE v WAINTER PTY LTD W228 OF 2004 FRENCH J 21 OCTOBER 2004 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W228 OF 2004
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT
IN THE MATTER OF NEW TEL LIMITED
(IN LIQ) ACN 009 068 955
BETWEEN: PETER FRANCIS MALONE
APPLICANT
AND: WAINTER PTY LTD
RESPONDENT
JUDGE: FRENCH J
DATE OF ORDER: 21 OCTOBER 2004
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The time limited for the applicant to seek leave to appeal and to appeal against the decision of Nicholson J given 6 August 2004 is extended to today.
2. The applicant has leave to appeal against the judgment of Nicholson J (if such leave be necessary) on the grounds set out in the Notice of Appeal annexed to the applicant's affidavit filed 1 October 2004.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate