Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Conley v Commonwealth Bank of Australia [2006] FCA 1255
BANKRUPTCY – extension of time to appeal from the grant of a sequestration order – allegation that the primary judge had not read the whole of the material – no specific relevant material referred to – whole of material said to give rise to an inference of abuse of process – not clearly raised in evidence or submissions before the primary judge – alleged abuse to delay Supreme Court proceedings – new evidence on appeal – prejudice to respondent – admission of insolvency – creditor's motive not sufficient cause to refuse sequestration order – application dismissed Bankruptcy Act 1966 (Cth) s 52(2)(b) Bride v KMG Hungerfords [1998] FCA 412 cited In re King; Ex parte the Commercial Bank of Australia (No 2) [1920] VLR 490 cited N1202/01A v Minister for Immigration & Multicultural Affairs (2002) 68 ALD 21 cited STEPHEN CONLEY v COMMONWEALTH BANK OF AUSTRALIA (ACN 123 123 124) NSD 1527 OF 2006
BENNETT J
4 SEPTEMBER 2006
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1527 OF 2006
BETWEEN: STEPHEN CONLEY
Applicant
AND: COMMONWEALTH BANK OF AUSTRALIA
(ACN 123 123 124)
Respondent
JUDGE: BENNETT J
DATE OF ORDER: 4 SEPTEMBER 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application is dismissed. 2. The applicant is to pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1527 OF 2006
BETWEEN: STEPHEN CONLEY
Applicant
AND: COMMONWEALTH BANK OF AUSTRALIA
(ACN 123 123 124)
Respondent
JUDGE: BENNETT J
DATE: 4 SEPTEMBER 2006
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The applicant (Mr Conley) applies for an extension of time in which to file a notice of appeal from a judgment of a judge of the Court on 4 July 2006 that a sequestration order be made against his estate (Commonwealth Bank of Australia v Conley, in the matter of Conley [2006] FCA 1011). Mr Conley needs an extension of time to appeal as he did not file a notice of appeal within 21 days after the date of his Honour's judgment (O 52 r 15(1) of the Federal Court Rules). The application was filed on 14 August 2006.
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