Boensch v Pascoe [2016] FCA 1104

FEDERAL COURT OF AUSTRALIA

Boensch v Pascoe [2016] FCA 1104 File number: NSD 1448 of 2016

Judge: ALLSOP CJ

Date of judgment: 5 September 2016

Catchwords: BANKRUPTCY AND INSOLVENCY – application for an extension of time to appeal from a decision of the Supreme Court of New South Waleswhere the New South Wales Court of Appeal held pursuant to the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) that only the Full Court of the Federal Court can hear the appealorders made that application for extension of time be heard at the same time as conditional application for security for costs

Legislation: Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), ss 7, 7(2)

Cases cited: Boensch v Pascoe [2016] NSWCA 191 Franz Boensch as Trustee of the Boensch Trust v Scott Darren Pascoe [2015] NSWSC 1882

Date of hearing: 5 September 2016

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Category: Catchwords

Number of paragraphs: 9

Counsel for Applicant: Mr C J Bevan

Solicitor for Applicant: Madison Marcus

Counsel for Respondent: Mr M F Newton

Solicitor for Respondent: Gilchrist Connell

ORDERS NSD 1448 of 2016

BETWEEN: FRANZ BOENSCH AS TRUSTEE OF THE BOENSCH TRUST Applicant

AND: SCOTT DARREN PASCOE Respondent

JUDGE: ALLSOP CJ DATE OF ORDER: 5 SEPTEMBER 2016

THE COURT ORDERS THAT:

1. The conditional application for security be heard at the same time as the application for an extension of time. 2. The parties be at liberty to file and serve documents that were used or prepared to be used in the Court of Appeal without the need to rework them in Federal Court form. The parties decide jointly on how to file the documents with a view to minimising costs and whether they require a dispensation in relation to the electronic filing of those documents. 3. The conditional application for security for costs and any evidence and submissions in support of it be filed and served within seven days. 4. The respondent to that application, the putative appellant on appeal, file and serve any evidence and submissions on the security for costs application within seven days thereafter. 5. The respondent to the extension of time application file and serve any submissions and evidence in relation to that application within 14 days. 6. The matter be referred to the docket of Justice Gleeson. 7. The parties are to liaise with the chambers of Justice Gleeson as soon as practicable to set a date for the hearing of the security for costs and extension of time applications. 8. In relation to the extension of time application and the security for costs application, Justice Gleeson as docket judge, having heard and disposed of those applications to the extent appropriate or necessary, will make case management orders for the preparation of appeal books and submissions in the substantive appeal, should that become necessary, with a view, to the extent possible, of having the matter heard in the February sittings. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.