Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ramirez v Ramirez [2009] FCA 1033
HECTOR ALFONSO RAMIREZ v CARLOS ENRIQUE RAMIREZ
NSD 870 of 2009
COWDROY J
18 SEPTEMBER 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 870 of 2009
GENERAL DIVISION
BETWEEN: HECTOR ALFONSO RAMIREZ
Applicant
AND: CARLOS ENRIQUE RAMIREZ
Respondent
JUDGE: COWDROY J
DATE OF ORDER: 18 SEPTEMBER 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The Application for Extension of Time to File and Serve a Notice of Appeal 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. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 870 of 2009
GENERAL DIVISION
BETWEEN: HECTOR ALFONSO RAMIREZ
Applicant
AND: CARLOS ENRIQUE RAMIREZ
Respondent
JUDGE: COWDROY J
DATE: 18 SEPTEMBER 2009
PLACE: SYDNEY
REASONS FOR JUDGMENT
BACKGROUND 1 By Application for Extension of Time to File and Serve Notice of Appeal dated 14 August 2009 (the 'Application') the applicant seeks leave to file an appeal against a sequestration order made against him on 7 July 2009 by Federal Magistrate Lloyd-Jones. The applicant has sworn an affidavit in support of the Application which was also filed on 14 August 2009. 2 By orders entered on 16 April 2007 in the Supreme Court of New South Wales, Equity Division (proceedings 3850 of 2001) ('the Supreme Court orders') the applicant was ordered to transfer monies from accounts held in the National Australia Bank and St George Bank to Carlos Enrique Ramirez, who is the applicant's brother and respondent to these proceedings. The Supreme Court proceedings concerned a dispute involving the estate of the applicant's late mother, Susana Ramirez who died on 18 December 1998 and the respondent. It is the failure of the applicant to comply with the orders of the Supreme Court which have resulted in the bankruptcy proceedings.
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