Boensch v Pascoe (No 3) [2017] FCA 215

FEDERAL COURT OF AUSTRALIA

Boensch v Pascoe (No 3) [2017] FCA 215 Appeal from: Application for an extension of time to appeal: Franz Boensch as trustee of the Boensch Trust v Scott Darren Pascoe [2015] NSWSC 1882

File number: NSD 1448 of 2016

Judge: GLEESON J

Date of judgment: 9 March 2017

Catchwords: PRACTICE AND PROCEDURE – application to vary or set aside order – application refused

Legislation: Federal Court Rules 2011

Cases cited: Autodesk Inc v Dyson (No 2) [1993] HCA 6; (1993) 176 CLR 300 Venus Adult Shops Pty Ltd v Fraserside Holdings Ltd (No 2) [2007] FCAFC 41; (2007) 239 ALR 724

Date of hearing: 6 March 2017

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Category: Catchwords

Number of paragraphs: 29

Counsel for the Applicant: Mr CJ Bevan

Solicitor for the Applicant: Madison Marcus Law Firm

Counsel for the Respondent: Mr MF Newton

Solicitor for the Respondent: Gilchrist Connell

ORDERS NSD 1448 of 2016

BETWEEN: FRANK BOENSCH AS TRUSTEE OF THE BOENSCH TRUST Applicant

AND: SCOTT DARREN PASCOE Respondent

JUDGE: GLEESON J DATE OF ORDER: 9 MARCH 2017

THE COURT ORDERS THAT:

1. The interlocutory application filed 2 March 2017 be dismissed. 2. The applicant file and serve a notice of appeal in accordance with order 1 made on 27 February 2017 by 16 March 2017. 3. Order 6 made on 27 February 2017 be varied by deleting "within 21 days" and inserting "by 30 March 2017". 4. The respondent file and serve any notice of contention by 6 April 2017 or 21 days after the applicant gives security in accordance with order 5 made on 27 February 2017 and order 6 made on 27 February 2017 as varied by order 3 above, whichever is the later. 5. Costs of the interlocutory application be reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.