Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Crocker v Toys 'R' Us (Australia) Pty Ltd [2016] FCA 1103 Appeal from: Application for extension of time and leave to appeal: Crocker v Toys 'R' Us (Australia) Pty Ltd (No 2) [2015] FCA 727
File number: QUD 643 of 2016
Judge: COLLIER J
Date of judgment: 9 September 2016
Catchwords: PRACTICE AND PROCEDURE – application for extension of time and leave to appeal costs order – applicant bankrupt – proceedings under sequestration order previously stayed – whether bankrupt can bring application for extension of time and leave to appeal from costs order – relevant principles in applications for extension of time and leave to appeal – whether sufficient reason for delay – whether respondents would suffer prejudice if extension of time granted – party affected not named as respondent – prospects of success of the appeal – application dismissed
Legislation: Bankruptcy Act 1966 (Cth) ss 37, 58 Federal Court of Australia Act 1976 (Cth) s 43 Trade Marks Act 1995 (Cth) Pt V Federal Court Rules 2011 (Cth) r 26.12(7)
Cases cited: Crocker v Toys 'R' Us (Australia) Pty Ltd [2015] FCA 588 related Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 De Robillard v Carver (2007) 159 FCR 38 Endresz v Australian Securities and Investments Commission [2014] FCA 1139 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344
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