Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Naxatu Pty Limited v Perpetual Trustee Company Limited [2011] FCA 823 Citation: Naxatu Pty Ltd v Perpetual Trustee Company Ltd [2011] FCA 823
Appeal from: Application for leave to appeal: Naxatu Pty Limited v Perpetual Trustee Company Limited; In the Matter of Sterling Estates Development Corporation Pty Limited (Receivers and Managers Appointed) (Subject to a Deed of Company Arrangement) [2011] FCA 669
Parties: NAXATU PTY LIMITED v PERPETUAL TRUSTEE COMPANY LIMITED
File number: NSD 1107 of 2011
Judge: ROBERTSON J
Date of judgment: 19 July 2011
Catchwords: PRACTICE AND PROCEDURE – leave to file and serve a notice of appeal out of time – whether special reasons – solicitor's mistake – personal costs order
Legislation: Federal Court Rules (Cth) O 3 r 2(3), O 52 r 15(2)
Cases cited: Jess v Scott (1986) 12 FCR 187 applied Parker v The Queen [2002] FCAFC 133 applied Perpetual Trustee Company Ltd v Smith and Others (2010) 186 FCR 566 cited Perry v Comcare [2006] FCA 481 distinguished
Date of hearing: 19 July 2011
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 21
Counsel for the Applicant: Mr J Thomson
Solicitor for the Applicant: Cara Marasco & Company
Counsel for the Respondent: Mr P Dowdy
Solicitor for the Respondent: Norton Rose
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1107 of 2011
BETWEEN: NAXATU PTY LIMITED
Applicant
AND: PERPETUAL TRUSTEE COMPANY LIMITED
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