Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Winn v Leigh [2016] FCA 320 Appeal from: Application for extension of time: Winn v Leigh [2015] FCCA 2256
File number: QUD 1102 of 2015
Judge: COLLIER J
Date of judgment: 1 April 2016
Catchwords: PRACTICE AND PROCEDURE – application for extension of time – sealed copy of application not served on respondent – whether proceeding was invalid due to lack of service of sealed copy – notice of objection to competency of appeal filed – whether costs should be made against the respondent for not raising claims of invalidity earlier – application for extension of time dismissed – costs awarded against the applicant on a standard basis
Legislation: Bankruptcy Act 1966 (Cth) Federal Court of Australia Act 1976 (Cth) s 43(2) Federal Court Rules 2011 (Cth) rr 36.05, 36.06, 36.72(1) Federal Circuit Court Rules 2001 (Cth) rr 13.03A(1)(a), 13.03A(1)(b), 13.03A(1)(c), 16.05(2)(a)
Cases cited: Les Laboratoires Servier v Apotex Pty Ltd [2016] FCAFC 27 Marchant v GB Radio [2002] FCA 465 Oshlack v Richmond River Council (1998) 193 CLR 72 Probiotec Limited v University of Melbourne (2008) 166 FCR 30 Winn v Leigh [2014] FCCA 573 Winn v Leigh [2014] FCA 518
Date of hearing: 23 March 2016
Registry: Queensland
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
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