Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nyoni v Murphy [2017] FCA 941 File number: WAD 193 of 2017
Judge: BARKER J
Date of judgment: 16 August 2017
Catchwords: BANKRUPTCY – application for extension of time to appeal – sequestration order made in proceeding before primary judge – where bankruptcy notice underlying creditor's petition sought payment of costs orders awarded in related proceedings – where related proceeding still on foot – whether primary judge failed to consider prospect of applicant succeeding on appeal and remaining solvent – "other sufficient cause" to adjourn or dismiss petition – where applicant claimed abuse of process
Legislation: Bankruptcy Act 1966 (Cth)
Cases cited: Murphy v Nyoni [2017] FCCA 143 Nyoni v Chee Koon Hee (No 4) [2013] FCA 948 Nyoni v Shire of Kellerberrin (No 7) [2016] FCA 135 Nyoni v Shire of Kellerberrin (No 8) [2016] FCA 245 Nyoni v Shire of Kellerberrin [2017] FCAFC 59
Date of hearing: 18 July 2017
Date of last submissions: 3 August 2017
Registry: Western Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 77
Counsel for the Applicant: The Applicant appeared in person
Counsel for the Respondents: Mr C Beetham
Solicitor for the Respondents: State Solicitor's Office
Table of Corrections
23 October 2017 In the quoted portions of the judgment in [18] through to [24], excluding [21(a)], where the words "Mr Nyonis" appear, they have been replaced with the words "the Applicants".
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