Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Oates v Matrix Group Ltd (in liquidation) (Trustee) [2017] FCA 809 Appeal from: Matrix Group Ltd (in liq) (Trustee) v Oates, in the matter of Matrix Group Ltd (in liq) (Trustee) [2016] FCA 1487
File number: NSD 78 of 2017
Judge: MARKOVIC J
Date of judgment: 20 July 2017
Catchwords: PRACTICE AND PROCEDURE – application for extension of time and leave to appeal – where primary judge determined separate questions – where primary judge made findings of fact and consequential orders – whether judgment and orders of primary judge interlocutory or final in nature – whether leave to appeal required – whether extension of time should be granted – whether leave to appeal should be granted – application dismissed
Legislation: Corporations Act 2001 (Cth) s 471B Federal Court of Australia Act 1976 (Cth) s 24(1A), 24(1E) Federal Court Rules 2011 r 35.13
Cases cited: Australian Builders' Labourers' Federated Union of Workers – Western Australian Branch v J-Corp Pty Limited (1993) 42 FCR 452 Computer Edge Pty Ltd v Apple Computer Inc (1984) 54 ALR 767 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Fraser v NRMA Holdings Limited (1995) 55 FCR 452 Hall v Busst (1960) 104 CLR 206 N and E Bowder Pty Ltd v Australian Keg Company Pty Ltd (2014) 220 FCR 166 NZI Securities Australia Ltd v Poignand (1994) 51 FCR 584 Warramunda Village Inc v Pryde (2002) 116 FCR 58
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