Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dunlop v Fishburn (No. 3) [2012] FCA 315 Citation: Dunlop v Fishburn (No. 3) [2012] FCA 315
Appeal from: Fishburn v Dunlop [2009] FMCA 1331
Parties: JAMES HENRY DUNLOP v MICHAEL GEORGE FISHBURN, JOHN JAMES WATSON, CHRISTOPHER MARTIN O'BRIEN, SAMUEL BOYD COUPER AND MORGAN JAMES CHUBB AS TRUSTEE OF THE BANKRUPT ESTATE OF JAMES HENRY DUNLOP
File number(s): NSD 1686 of 2011
Judge: KATZMANN J
Date of judgment: 28 March 2012
Catchwords: PRACTICE AND PROCEDURE – Application for extension of time to file a notice of appeal – long delay – considerations guiding Court's discretion to grant extension – whether acceptable explanation for the delay – further evidence – proposed appeal hopeless BANKRUPTCY – Sequestration order – applicant claimed to have been solvent at the time the order was made – cash flow test of solvency – further evidence of debtor's available resources and of additional debts
Legislation: Bankruptcy Act 1966 (Cth) ss 5, 52 Federal Court of Australia Act 1976 (Cth) ss 27, 28, 37M Federal Court of Australia Rules 2011(Cth) r 36.03
Cases cited: Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424 Coulton v Holcombe (1986) 162 CLR 1 Chubb v Dunlop (2011) 254 FLR 130 Chubb v Dunlop [2011] FMCA 813 Parker v The Queen [2002] FCAFC 133 Dunlop v Fishburn [2010] FCA 1194 Dunlop v Fishburn (No. 2) [2012] FCA 314 Guss v Johnstone [2000] FCA 1455 Hall v Poolman (2007) 215 FLR 243 Jess v Scott (1986) 12 FCR 187 Keith Smith East West Transport Pty Ltd (in liq) v Australian Taxation Office (2002) 42 ACSR 501 Lewis v Doran (2004) 184 FLR 454 Optical 88 Ltd v Optical 88 Pty Ltd (2011) 197 FCR 67 Seiler v Minister for Immigration, Local Government and Ethnic Affairs (1994) 48 FCR 83 SZOEC v Minister for Immigration and Citizenship [2012] FCA 129 SZQEH v Minister for Immigration and Citizenship [2012] FCA 127 Sobey v Nicol and Davies (2007) 245 ALR 389
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