Federal Court of Australia
Federal Court of Australia
Michael Wilson & Partners Ltd v Porter [2022] FCA 336 Appeal from: Application for extension of time and leave to appeal: Porter, in the matter of Slater (No 3) [2021] FCA 688
File number: NSD 767 of 2021
Judgment of: STEWART J
Date of judgment: 1 April 2022
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal – where applicant not a party in proceeding below – where judgment appealed from includes both final and interlocutory orders – where draft amended notice of appeal seeks to raise new grounds – where amounts in dispute are modest and stakes in the appeal are low – where no substantial injustice would arise if leave to appeal were to be refused – where grant of leave for the applicant to pursue litigation described as "seemingly interminable" and "pathological" would be contrary to s 37M of the Federal Court of Australia Act 1976 (Cth) – leave to appeal refused
Legislation: Bankruptcy Act 1966 (Cth) Corporations Act 2001 (Cth) s 511 (repealed), Sch 2 (Insolvency Practice Schedule (Corporations)) s 90-15 Cross Border Insolvency Act 2008 (Cth) s 6, Sch 1 (Model Law on Cross Border Insolvency of the United Nations Commission on International Trade) Arts 2, 17, 21, 22 Federal Court of Australia Act 1976 (Cth) ss 24(1A), 37M Federal Court (Bankruptcy) Rules 2005 (Cth) rr 2.03, 14.03 Federal Court Rules 2011 (Cth) rr 2.25(3)(b), 35.13, 36.03, 36.05
Cases cited: Anying Group Pty Ltd v Wang [2012] FCA 702 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd [2001] FCA 1833; 117 FCR 424 Computer Edge Pty Ltd v Apple Computer Inc [1984] HCA 47; 54 ALR 767 Dovuro Pty Ltd v Wilkins [2003] HCA 51; 215 CLR 317 Fortress Credit Corporation (Australia) II Pty Ltd v Fletcher [2011] FCAFC 89; 281 ALR 38 Georges v Seaborn International Pty Ltd (Trustee) [2012] FCA 294 Johnson Tiles Pty Ltd v Esso Australia Ltd [2000] FCA 1572; 104 FCR 564 Kireeva v Bedzhamov [2021] EWHC 2281 (Ch) Kireeva v Bedzhamov [2022] EWCA Civ 35 In re Kooperman (1928) 13 B&CR 49; [1928] WN 101 Michael Wilson & Partners Ltd v Emmott [2019] EWCA Civ 219; [2019] 4 WLR 53 Michael Wilson & Partners Ltd v Emmott [2021] NSWCA 315; 396 ALR 497 N and E Bowder Pty Ltd v Australian Keg Company Pty Ltd [2014] FCA 288; 220 FCR 166 Nationwide News Pty Ltd v Rush [2018] FCAFC 70 Palmer (Trustee), in the matter of Slater (Bankrupt) (No 2) [2016] FCA 960 Palmer v Registrar-General of Land Titles of the Australian Capital Territory [2017] ACTSC 407; 181 ACTR 1 Power Ledger Pty Ltd v Griffiths [2021] FCA 624; 308 IR 147 Rickus v Motor Trades Association of Australia Superannuation Fund Pty Ltd [2010] FCAFC 16; 265 ALR 112 Re Universal Distributing Co Ltd [1933] HCA 2; 48 CLR 171 University of Wollongong v Metwally (No 2) [1985] HCA 28; 60 ALR 68
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