Ross (Liquidator) in the matter of Print Mail Logistics (International) Pty Ltd (In Liq) v Elias [2022] FCA 296

Federal Court of Australia

Ross (Liquidator) in the matter of Print Mail Logistics (International) Pty Ltd (In Liq) v Elias [2022] FCA 296 Appeal from: Application for extension of time and leave to appeal: Ross, in the matter of Print Mail Logistics (International) Pty Ltd (in liq) v Elias (No 2) [2021] FCA 1334

File number(s): QUD 401 of 2021

Judgment of: DOWNES J

Date of judgment: 29 March 2022

Catchwords: PRACTICE AND PROCEDURE – application for extension of time and leave to appeal from decision to award indemnity costs following a trial – grounds of appeal seek to advance new arguments not advanced below – decision below not attended with sufficient doubt to warrant reconsideration – no substantial injustice if leave refused – proposed appeal relates to point of practice and procedure – application dismissed

Legislation: Federal Court Rules 2011 (Cth) r 35.13

Cases cited: Elzahed v State of New South Wales (2018) 97 NSWLR 898; [2018] NSWCA 103 FJE20 v Minister for Home Affairs [2022] FCAFC 45 Kapp as substituted trustee for The Twin Trust v Aravanis as trustee of bankrupt estate of Kapp [2021] FCA 116 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v MB [2021] FCAFC 194 Nationwide News Pty Ltd v Rush [2018] FCAFC 70 Ross (Liquidator) in the matter of Print Mail Logistics (International) Pty Ltd (In Liq) v Elias [2021] FCAFC 203 Ross, in the matter of Print Mail Logistics (International) Pty Ltd (in liq) v Elias (No 2) [2021] FCA 1334 Ross, in the matter of Print Mail Logistics (International) Pty Ltd (in liq) v Elias (2021) 151 ACSR 476; [2021] FCA 419 Woodhouse v Comcare (2021) 285 FCR 14; [2021] FCAFC 95