Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hawkins v Kingsway Group Limited [2009] FCA 1073
PRACTICE & PROCEDURE – Application for extension of time to review Registrar's decision – rule 2.02 Federal Court Bankruptcy Rules – inadequate or no reason given for delay – whether sufficient material exists for Court to exercise discretion to allow extension Federal Court of Australia Act 1976 (Cth) Bahonko v Nurses Board of Victoria (No 4) (2007)97 ALD 721 Bahonko v Royal Melbourne Institute of Technology [2006] FCA 1325 Bishop v R (1982) 40 ALR 40 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Morres v Papuan Rubber & Trading Co Ltd (1914) 14 SR(NSW) 141 DAVID CHARLES HAWKINS v KINGSWAY GROUP LIMITED NSD 300 of 2009
STONE J
23 september 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
general division NSD 300 of 2009
BETWEEN: DAVID CHARLES HAWKINS
Applicant
AND: KINGSWAY GROUP LIMITED
Respondent
JUDGE: STONE J
DATE OF ORDER: 23 SEPTEMBER 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application be dismissed with costs. 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
general division NSD 300 of 2009
BETWEEN: DAVID CHARLES HAWKINS
Applicant
AND: KINGSWAY GROUP LIMITED
Respondent
JUDGE: STONE J
DATE: 23 SEPTEMBER 2009
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 On 27 May 2009 the New South Wales District Registrar of this Court, Mr Michael Wall, dismissed an application by the applicant to set aside a bankruptcy notice. The present application was made by notice of motion filed in Court on 2 September 2009 and also by interim application filed on 21 August 2009 pursuant to r 2.01(2) of the Federal Court (Bankruptcy) Rules 2005. In either case the application is considerably out of time. 2 In dismissing the application the District Registrar was exercising a power delegated by the Court pursuant to s 35A(1)(h) of the Federal Court of Australia Act 1976 (Cth) and r 2.02 of the Bankruptcy Rules. Rule 2.03 of the Bankruptcy Rules provides that an application for a review of the exercise of such a power by a Registrar must be made by motion on notice within 21 days of the exercise of the power. Mr Hawkins' notice of motion was filed more than 13 weeks after Registrar Wall's orders. Even ignoring the requirement in r 2.03 for such an application to be made "by motion on notice", the interim application was more than 10 weeks out of time.
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