Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hoskin v Robert Balzola & Associates (Legal) Pty Ltd [2019] FCA 1353 Appeal from: Application for an extension of time: Robert Balzola & Associates (Legal) Pty Ltd v Hoskin [2018] FCCA 2686
File number: NSD 2036 of 2018
Judge: BROMWICH J
Date of judgment: 23 August 2019
Catchwords: BANKRUPTCY – application for an extension of time to bring an appeal against orders of the Federal Circuit Court – whether denial of procedural fairness – whether primary judge failed to give adequate reasons – whether failure to exercise discretion to dismiss the proceeding on the basis that the debt was closely connected to an investigation by the New South Wales Law Society
Legislation: Bankruptcy Act 1966 (Cth) s 52, 52(2)(b) Evidence Act 1995 (Cth) s 57 Federal Court Amendment (Court Administration and Other Measures) Rules 2019 (Cth) Federal Court Rules 2011 (Cth) r 36.03 Legal Profession Uniform Law (NSW) s 468
Cases cited: Assistant Commissioner Condon v Pompano Pty Ltd [2013] HCA 7; 252 CLR 38 Blazevski v Judges of the District Court of New South Wales (1992) 29 ALD 197 BZD17 v Minister for Immigration and Border Protection [2018] FCAFC 94; 263 FCR 292 Cain v Whyte (1933) 48 CLR 639 Hamod v State of New South Wales [2011] NSWCA 375 House v The King (1936) 55 CLR 499 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 363 ALR 599 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391; 242 FCR 585 Newton v Ellis [2012] NSWCA 106 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6; 214 CLR 1 Sali v SPC Ltd [1993] HCA 47; 67 ALJR 841 Shrestha v Migration Review Tribunal [2015] FCAFC 87; 229 FCR 301 Stead v State Government Insurance Commission [1986] HCA 54; 161 CLR 141 Symons v White (Sydney Catholic Schools) [2018] FCA 949 SZRUR v Minister for Immigration and Border Protection [2013] FCAFC 146; 216 FCR 445 Totev v Sfar [2006] FCA 470; 230 ALR 236
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