Stewart v Grauby [2012] FCA 703

FEDERAL COURT OF AUSTRALIA

Stewart v Grauby [2012] FCA 703 Citation: Stewart v Grauby [2012] FCA 703

Parties: MICHAEL STEWART v FRANCOISE GRAUBY and SCOTT DARREN PASCOE

File number(s): NSD 776 of 2012

Judge: YATES J

Date of judgment: 2 July 2012

Catchwords: BANKRUPTCY AND INSOLVENCY – application under r 36.05 of the Federal Court Rules 2011 to extend time to appeal – order from Federal Magistrates Court of Australia dismissing application for annulment – whether time should be extended Held: application dismissed

Legislation: Bankruptcy Act 1966 (Cth) Federal Court Rules 2011 r 36.05

Date of hearing: 2 July 2012

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 28

Counsel for the Applicant: The Applicant appeared in person

Solicitor for the First Respondent: Mr M Broom of Wyatt Attorneys

Counsel for the Second Respondent: Mr B Skinner

Solicitor for the Second Respondent: J S Mueller & Co

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 776 of 2012

BETWEEN: MICHAEL STEWART

Applicant

AND: FRANCOISE GRAUBY

First Respondent

SCOTT DARREN PASCOE

Second Respondent

JUDGE: YATES J DATE OF ORDER: 2 JULY 2012 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application filed on 4 June 2012 seeking an extension of time under r 36.05 of the Federal Court Rules 2011 to file a notice of appeal be dismissed. 2. The costs of the application are to be costs of the administration of the bankrupt estate. Note: Settlement and entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.