Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kimber v The Owners Strata Plan 48216 (No 2) [2017] FCA 750 Appeal from: Kimber v The Owners Strata Plan No. 48216 [2016] FCA 1090
File number: NSD 1689 of 2016
Judge: GLEESON J
Date of judgment: 9 June 2017
Date of publication of reasons: 4 July 2017
Catchwords: PRACTICE AND PROCEDURE – application for an extension of time to file a notice of appeal – where draft notice substantially but not entirely in the form allowed by grant of leave to appeal – where there is no prejudice to the respondent by an extension of time – application granted with non-conforming portions of the draft notice of appeal excised PRACTICE AND PROCEDURE – review of a decision of a Registrar to refuse to accept documents for filing – whether documents are an abuse of process – whether Court has power to make orders sought in the interlocutory application – application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011
Date of hearing: 9 June 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: 16
Counsel for the Appellant: The appellant appeared in person
Solicitor for the Respondent: Ms S Heimanis of Grace Lawyers Pty Limited
ORDERS NSD 1689 of 2016
BETWEEN: JANELLE MARY KIMBER Appellant
AND: THE OWNERS STRATA PLAN NO 48216 (AGENTS/OFFICERS) Respondent
JUDGE: GLEESON J DATE OF ORDER: 9 JUNE 2017
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