Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sopikiotis v Owners Corporation RP017740 [2013] FCA 353 Citation: Sopikiotis v Owners Corporation RP017740 [2013] FCA 353
Parties: MARIA SOPIKIOTIS v OWNERS CORPORATION RP017740 and PETER ROBERT VINCE (AS TRUSTEE OF THE BANKRUPT ESTATE OF MARIA SOPIKIOTIS)
File number: VID 149 of 2013
Judge: KENNY J
Date of judgment: 18 April 2013
Catchwords: BANKRUPTCY AND INSOLVENCY – Application for leave to appeal from decision of a Federal Magistrate refusing an extension of time to seek review of Sequestration Order of a Registrar – Decision of Federal Magistrate not attended by sufficient doubt – Application refused STATUTORY INTERPRETATION – Consideration of meaning of the phrase 'within…the period of 6 months commencing on the date of issue' in Regulation 4.02A of the Bankruptcy Regulations 1996 (Cth).
Legislation: Federal Court of Australia Act 1976 (Cth) Bankruptcy Regulations 1996 (Cth) Bankruptcy Act 1966 (Cth) Legislative Instruments Act 2003 (Cth) Acts Interpretation Act 1901 (Cth) Acts Interpretation Amendment Act 2011 (Cth) Federal Magistrates Court (Bankruptcy) Rules 2006 (Cth) Federal Magistrates Rules 2001 (Cth) Limitation of Actions Act 1958 (Vic) Victorian Civil and Administrative Tribunal Act 1998 (Vic) Pearce, DC and Geddes, RS, Statutory Interpretation in Australia (7th edition, 2011, LexisNexis Butterworths) Cases cited: Sopikiotis v Owners Corporation RP017740 & Anor [2013] FMCA 122 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Collector of Customs v Agfa-Gevaert Ltd (1996) 141 ALR 59 Morton v Hampson [1962] VR 364 Susiatin v Minister for Immigration and Multicultural Affairs (1998) 83 FCR 574 Maxwell v Murphy (1957) 96 CLR 261 Olivieri v Stafford & Ors (1989) 24 FCR 413 Re Longo: ex parte Longo (1995) 57 FCR 523 Bank of Melbourne v Hannan (1997) 78 FCR 249
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