Federal Court of Australia
Federal Court of Australia
Papoutsakis v Prime Capital Securities Pty Ltd [2023] FCA 205 File number(s): NSD 456 of 2022
Judgment of: HALLEY J
Date of judgment: 14 March 2023
Catchwords: BANKRUPTCY – application for extension of time to file a notice of appeal – where no adequate explanation for delay – where unsecured creditors likely to be prejudiced – where proposed appeal has no merit and no reasonable prospects of success – application dismissed
Legislation: Bankruptcy Act 1996 (Cth) ss 58, 153B, 154 Evidence Act 1995 (Cth) s 140 Federal Court Rules 2011 (Cth) rr 36.03, 36.05 Federal Circuit Court (Bankruptcy) Rules 2016 (Cth) r 7.06 Limitation Act 1974 (Tas) s 4
Cases cited: BQQ15 v Minister for Home Affairs [2019] FCAFC 218 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 GOK18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 169 House v The King (1936) 55 CLR 499; [1936] HCA 40 Prime Capital Securities Pty Ltd v Papoutsakis [2021] FCCA 1594 Robson v Body Corporate for Sanderling at Kings Beach CTS 2942 (2021) 286 FCR 494; [2021] FCAFC 143 Tuakeu v Minister for Immigration and Border Protection [2016] FCA 362
Division: General Division
Registry: New South Wales
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