Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Maher v Commonwealth Bank of Australia Ltd ACN 123 123 124 [2008] FCA 773
DENNIS MAHER v COMMONWEALTH BANK OF AUSTRALIA LTD ACN 123 123 124, GREG FIRTH and GRAY & JOHNSON (A FIRM)
VID 214 of 2008
RYAN J
26 MAY 2008
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 214 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: DENNIS MAHER
Applicant
AND: COMMONWEALTH BANK OF AUSTRALIA LTD ACN 123 123 124
First Respondent
GREG FIRTH
Second Respondent
GRAY & JOHNSON (A FIRM)
Third Respondent
JUDGE: RYAN J
DATE OF ORDER: 26 MAY 2008
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The application for leave to appeal be dismissed with costs, including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 214 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: DENNIS MAHER
Applicant
AND: COMMONWEALTH BANK OF AUSTRALIA LTD ACN 123 123 124
First Respondent
GREG FIRTH
Second Respondent
GRAY & JOHNSON (A FIRM)
Third Respondent
JUDGE: RYAN J
DATE: 26 MAY 2008
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 There is before the Court an application for leave to appeal from orders made by Hartnett FM on 18 March this year. On that date the learned Federal Magistrate ordered; '(1) That there be leave to Mr Maher to withdraw his notice of motion filed and dated 17 March 2008.
(2) That pursuant to section 52(5) of the Bankruptcy Act 1966 (Commonwealth), the period at the expiration of which the creditor's petition filed 23 March 2007 will lapse be extended to 23 February 2009.
(3) That the hearing of the creditor's petition be fixed for 21 July 2008 at 10.00am with priority and urgency.
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