Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Batterham v Nauer, in the matter of Peter James Batterham [2019] FCA 1648 Appeal from: Batterham v Nauer, in the matter of Peter James Batterham [2019] FCA 485
File numbers: NSD 654 of 2019 NSD 656 of 2019
Judge: FLICK J
Date of judgment: 10 October 2019
Catchwords: PRACTICE AND PROCEDURE – application for summary dismissal of appeal from single Judge of the Federal Court of Australia – application resolved by a single Judge – appeal having no prospects of success – order striking out a notice of appeal PRACTICE AND PROCEDURE – order of primary Judge summarily dismissing a proceeding – interlocutory decision seeking extension of time and leave to appeal – leave refused APPEALS – no prospects of success
Legislation: Bankruptcy Act 1996 (Cth) ss 40, 52 Competition and Consumer Act 2010 (Cth), Sch 2, Australian Consumer Law, ss 18, 20, 236 Corporations Act 2001 (Cth) ss 180, 181, 182 Federal Court of Australia Act 1976 (Cth) ss 24, 25, 31A, Federal Court Rules 2011 (Cth) rr 35.13, 36.03
Cases cited: Batterham v Nauer; in the matter of Peter James Batterham [2019] FCA 485 Conde v Hunter [2009] FCA 1016 Creditors of Antal-Air Pty Ltd v Antal-Air Pty Ltd [2004] FCAFC 303; (2004) 51 ACSR 473 Dart v Norwich Union Life Australia Limited [2002] FCAFC 34 Ecap Finance Pty Ltd v Ottoway Engineering Pty Ltd [2017] FCA 200 Gallo v Dawson (1990) 64 ALJR 458 Johnson Tiles Pty Ltd v Esso Australia Limited [2000] FCA 1572, (2000) 104 FCR 564 Maylord Equity Management Pty Ltd as trustee of the Batterham Retirement Fund v Nauer [2017] NSWSC 634 Maylord Equity Management Pty Ltd as trustee of the Batterham Retirement Fund v Nauer (No 2) [2017] NSWSC 1467 Maylord Equity Management Pty Ltd as trustee of the Batterham Retirement Fund v Nauer (No 3) [2017] NSWSC 1783 Maylord Equity Management Pty Ltd as Trustee of the Batterham Retirement Fund v Nauer [2018] NSWCA 76 Minister for Immigration and Multicultural Affairs v Jia [2001] HCA 17, (2001) 205 CLR 507 Peterson v Western Australia [2017] FCA 1056 Ramsay Health Care Australia Pty Ltd v Compton [2017] HCA 28, (2017) 261 CLR 132 Re JRL; Ex parte CJL (1986) 161 CLR 342 Singh v Owners Strata Plan No 11723 [2012] FCA 1121, (2012) 207 FCR 390 Torres Strait Regional Authority v Akiba [2018] FCA 601
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