Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Badcock v Pirie Street Holdings Limited [2010] FCA 627 Citation: Badcock v Pirie Street Holdings Limited [2010] FCA 627
Appeal from: Application for extension of time: Adelaide Bank Limited v Badcock [2002] FMCA 10
Parties: ROBERT JOHN BADCOCK v PIRIE STREET HOLDINGS LIMITED (ACN 061 461 550) (FORMERLY ADELAIDE BANK LIMITED) and BENDIGO AND ADELAIDE BANK LIMITED (ACN 068 049 178)
File number: SAD 22 of 2010
Judge: LANDER J
Date of judgment: 25 June 2010
Catchwords: PRACTICE AND PROCEDURE – application seeking an extension of time within which to appeal – applicant is eight years out of time – O 52 r 15(2) of the Federal Court Rules provides that the Court or a judge for special reasons may at any time give leave to file and serve a notice of appeal – Court must have regard to any prejudice that the respondents may suffer if an extension is granted and whether or not the appeal would be successful – no special reasons found – an extension after eight years would prejudice the respondents' case – no material found that indicates that the applicant was the victim of any injustice by the making of the orders by the Federal Magistrate
Legislation: Federal Magistrates Act 1999 (Cth) Div 4, s 104, Pt 20 Bankruptcy Act 1966 (Cth) ss 52, 81 Federal Court of Australia Act 1976 (Cth) ss 24, 25 Federal Magistrate Court Rules 2001 r 20.01 Federal Court Rules O 52 r 15
Cases cited: Adelaide Bank Limited v Badcock [2002] FMCA 10, referred to Badcock v Adelaide Bank Limited [2010] FMCA 35, referred to Badcock v Ambrose [2004] FCA 691, referred to Badcock v Ambrose [2006] FCA 1372, referred to Badcock v Channel Seven Adelaide & Ors [2007] SADC 8, referred to Badcock v Channel Seven Adelaide Pty Ltd & Ors [2008] SADC 138, referred to Badcock v Pirie Street Holdings Limited [2010] FCA 628, cited Badcock v PriceWaterhouseCoopers (Reg) & Anor [2006] SADC 101, referred to Badcock v PriceWaterhouseCoopers & Anor [2006] SASC 346, referred to Badcock v State of South Australia & Ors [2008] SADC 133, referred to Jess v Scott (1986) 12 FCR 187, referred to Martin v Commonwealth Bank of Australia [2001] FCA 87, cited
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