Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cheung v Burness (Trustee) [2018] FCA 1145 Appeal from: Burness and Jess as Trustees of the Bankrupt Estate of KT Cheung v Cheung [2017] FCCA 1098
File number: VID 1015 of 2017
Judge: DAVIES J
Date of judgment: 2 August 2018
Catchwords: BANKRUPTCY AND INSOLVENCY – appeal from decision of the Federal Circuit Court – application for extension of time in which to appeal orders – application for annulment of bankruptcy – discretion to annul bankruptcy under section 153B of the Bankruptcy Act 1966 (Cth) – principles applicable to exercise of the discretion – principles applicable to granting extension of time to appeal - where lengthy delay in bringing application to appeal – adequacy of explanation for delay
Legislation: Bankruptcy Act 1966 (Cth)
Cases cited: BLD16 v Minister for Immigration and Border Protection [2017] FCA 1400 Boles v Official Trustee in Bankruptcy (2001) 183 ALR 239 Bulic v Commonwealth Bank of Australia Ltd [2007] FCA 307 Burness and Jess as Trustees of the Bankrupt Estate of KT Cheung v Cheung [2017] FCCA 1098 Capital Finance Australia Ltd v Cheung [2016] FCCA 352 Cheung v Burness (Trustee) [2016] FCA 1381 Cheung v Burness (Trustee) (No 2) [2016] FCA 1462 Cottrell v Wilcox [2002] FCA 1115 Francis v Egglestone Mitchell Lawyers Pty Ltd [2014] FCAFC 18 Hacker v Weston [2015] FCA 363 House v R (1936) 55 CLR 499 Hunter Valley Developments Pty Ltd v Minister for Home Affairs and Environment (1984) 3 FCR 344 Marek v Tregenza (1963) 109 CLR 1 Ozer v Australian Liquor Marketers Pty Ltd [2001] FCA 1197 Parker v The Queen [2002] FCAFC 133 Re Lawson (1939) 11 ABC 137 Re Papps; ex parte Tapp (1997) 78 FCR 524 Re Williams (1968) 13 FLR 10 Rigg v Baker [2006] FCAFC 179 Shaw v Yarranova Pty Ltd [2016] FCA 88
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