Federal Court of Australia
Federal Court of Australia
Jang v Trustees of the Property of Lee, a bankrupt [2022] FCA 1576 File number: ACD 18 of 2022
Judgment of: WIGNEY J
Date of judgment: 30 November 2022
Catchwords: PRACTICE AND PROCEDURE – application to dismiss application for extension of time with indemnity costs – applicant attempted to discontinue proceeding using incorrect form – no subsequent attempt by applicant to regularise discontinuation – no contact or appearance by applicant since – consideration of delay and cost incurred by respondent as a result – application for extension of time dismissed with indemnity costs
Legislation: Federal Court Rules 2011 (Cth) rr 36.05, 36.73, 36.74, 36.75
Cases cited: Jang v Trustees of the Property of Lee (bankrupt) [2022] FCA 99
Division: General Division
Registry: Australian Capital Territory
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 14
Date of hearing: 30 November 2022
Counsel for the Applicant: The Applicant did not appear
Solicitor for the Respondent: Mr A Bull
ORDERS ACD 18 of 2022
BETWEEN: SOON JA JANG
Applicant
AND: THE TRUSTEES OF THE PROPERTY OF SARAH EUNJU LEE, ALSO KNOWN AS EUN JU LEE, A BANKRUPT
Respondent
order made by: WIGNEY J DATE OF ORDER: 30 NOVEMBER 2022
THE COURT ORDERS THAT:
1. The application for an extension of time filed by the applicant on 12 May 2022 be dismissed. 2. The applicant pay the respondent's costs of the application on an indemnity basis. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
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