Johnston v Challen, trading as Hawthorn Cappaidge and Badgery [2006] FCA 401

FEDERAL COURT OF AUSTRALIA

Johnston v Challen, trading as Hawthorn Cappaidge and Badgery [2006] FCA 401

PRACTICE AND PROCEDURE – appellate jurisdiction – application for extension of time for leave to appeal from judgment of Federal Magistrates Court - whether special reason exists for extension of time – merits of appeal

Bankruptcy Act 1966 (Cth) s 153B Federal Court Rules O 52 r 15 Gough v Myall Pty (2001) FCA 1692 applied Heinrich v Commonwealth Bank of Australia (2003) FCAFC 315 referred to House v R (1936) 55 CLR 499 referred to Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 cited Jess v Scott (unreported Full Court of the Federal Court, Lockhart, Sheppard and Burchett JJ, 4 November 1986) applied Kalaba v R (unreported, 13 September 1996, Finn J) applied Parker v The Queen [2002] FCAFC 133 referred to Sandell v Porter (1966) 115 CLR 666 cited Stankiewicz v Plata (2002) FCA 1185 applied LORIS JOHNSTON v PETER LESLIE CHALLEN, TRADING AS HAWTHORN CAPPAIDGE AND BADGERY QUD 460 OF 2005 COLLIER J 18 APRIL 2006 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 460 OF 2005

BETWEEN: LORIS JOHNSTON

APPLICANT

AND: PETER LESLIE CHALLEN, TRADING AS HAWTHORN CAPPAIDGE & BADGERY

RESPONDENT

JUDGE: COLLIER J

DATE OF ORDER: 18 APRIL 2006

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The application be dismissed.

2. The applicant pay the costs of the respondent.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 460 OF 2005

BETWEEN: LORIS JOHNSTON

APPLICANT

AND: PETER LESLIE CHALLEN, TRADING AS HAWTHORN CAPPAIDGE & BADGERY

RESPONDENT

JUDGE: COLLIER J

DATE: 18 APRIL 2006