Nyoni v Beadle in her capacity as Trustee of the Bankrupt Estate of Emson Clever Nyoni (No 4) [2020] FCA 1572

Federal Court of Australia

Nyoni v Beadle in her capacity as Trustee of the Bankrupt Estate of Emson Clever Nyoni (No 4) [2020] FCA 1572 Appeal from: Beadle in her capacity as Trustee of the Bankrupt Estate of Nyoni v Nyoni & Anor [2019] FCCA 1723

File number: WAD 343 of 2019

Judgment of: CHARLESWORTH J

Date of judgment: 29 October 2020

Catchwords: PRACTICE AND PROCEDURE – interlocutory application to set aside orders dismissing an appeal from a decision of Federal Circuit Court – where appellants failed to appear at hearing of appeal – where appeal dismissed pursuant to Federal Court Rules 2011 (Cth) r 36.75(1)(a)(i) – principles guiding Court's discretion to reinstate appellate proceedings – where related proceedings sought to judicially review a decision of a court constituted of another Judge and so were incompetent – where no adequate explanation for non-attendance – where applicants did not avail themselves of an opportunity to amend grounds of appeal to include a ground with arguably strong prospects of success – where delay in filing application to reinstate appeal – where respondent has partially executed orders sought to be appealed from - application dismissed

Legislation: Bankruptcy Act 1966 (Cth) s 58 Federal Court of Australia Act 1976 (Cth) s 25 Federal Court Rules 2011 (Cth) rr 36.75, 39.05

Cases cited: Beadle in her capacity as Trustee of the Bankrupt Estate of Nyoni v Nyoni & Anor [2019] FCCA 1723 McDonald v Federal Court of Australia [2017] FCA 1216 Murphy & Ors v Nyoni [2017] FCCA 143 MZYEZ v Minister for Immigration and Citizenship [2010] FCA 530 Nyoni v Beadle in her Capacity as Trustee of the Bankrupt Estate of Emson Clever Nyoni [2019] FCA 1116 Nyoni v Beadle in her Capacity as Trustee of the Bankrupt Estate of Emson Clever Nyoni (No 2) [2019] FCA 1375 Nyoni v Beadle in her Capacity as Trustee of the Bankrupt Estate of Emson Clever Nyoni (No 3) [2019] FCA 1794 Nyoni v Cho [2019] FCA 560 Nyoni v Murphy [2017] FCA 941 Nyoni v Murphy (No 2) [2017] FCA 1479 Nyoni v Murphy (2018) 261 FCR 164 Re Francis; Ex parte Official Trustee in Bankruptcy (1988) 82 ALR 335 Re Holland; Ex parte Official Trustee in Bankruptcy (1985) 5 FCR 165