Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Clements v Mentha [2013] FCA 454 Citation: Clements v Mentha [2013] FCA 454
Parties: PHILLIP CLEMENTS v MARK FRANCIS XAVIER MENTHA and BRIAN KEITH MCMASTER
File number: VID 305 of 2013
Judge: MARSHALL J
Date of judgment: 15 May 2013
Catchwords: PRACTICE AND PROCEDURE – application for extension of time to file an appeal under r 36.05 of the Federal Court Rules 2011 (Cth) – unsatisfactory explanation for delay – prejudice to respondents – merit of appeal – extension of time refused.
Legislation: Federal Court Rules 2011 (Cth)
Cases cited: Australian Securities and Investments Commission v GDK Financial Solutions Pty Ltd (No 13) [2012] FCA 1389 Sutera v Nelson [2011] FCA 1470
Date of hearing: 15 May 2013
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 14
Counsel for the Applicant: Mr P Clements appeared in person
Counsel for the Respondents: Mr D J Jackson
Solicitor for the Respondents: Ashurst
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 305 of 2013
BETWEEN: PHILLIP CLEMENTS
Applicant
AND: MARK FRANCIS XAVIER MENTHA
First Respondent
BRIAN KEITH MCMASTER
Second Respondent
JUDGE: MARSHALL J DATE OF ORDER: 15 MAY 2013 WHERE MADE: perth
THE COURT ORDERS THAT:
1. The application for leave for an extension of time within which to file a Notice of Appeal is dismissed. 2. The applicant pay the respondents' costs of the application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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