Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Boutros v Santa Sabina College Ltd [2011] FCA 477 Citation: Boutros v Santa Sabina College Ltd [2011] FCA 477
Appeal from: Boutros v Santa Sabina College Ltd [2011] FMCA 164
Parties: CHALITA BOUTROS and ANTOINETTE BOUTROS v SANTA SABINA COLLEGE LTD
File number: NSD 365 of 2011
Judge: NICHOLAS J
Date of judgment: 3 May 2011
Catchwords: BANKRUPTCY – sequestration order made by Registrar – application for review of Registrar's sequestration order by Federal Magistrate – hearing de novo – refusal of application by Federal Magistrate – appeal from order refusing such application – consideration of requirements under Federal Magistrates Court (Bankruptcy) Rules 2006 – whether non-compliance with r 4.06 should have led Federal Magistrate to adjourn hearing of creditor's petition to enable such compliance PRACTICE AND PROCEDURE – application for extension of time to file a notice of appeal from judgment of Federal Magistrate – delay not lengthy – strong prospects of appeal
Legislation: Federal Court Rules O 52 r 15(2) Federal Magistrates Act 1999 s 104(2) Federal Magistrates Court (Bankruptcy) Rules 2006 r 4.06
Cases cited: Ahern v DCT (Qld) (1987) 76 ALR 137 Jess v Scott (1986) 12 FCR 187 Martin v Commonwealth Bank of Australia (2001) 217 ALR 634 Totev v Sfar (2008) 167 FCR 193
Date of hearing: 3 May 2011
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
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