Kirsten v Miller as executor of the estate of Detlef John Kirsten [2023] FCA 1667

Federal Court of Australia

Kirsten v Miller as executor of the estate of Detlef John Kirsten [2023] FCA 1667 File number(s): SAD 119 of 2023

Judgment of: HALLEY J

Date of judgment: 22 December 2023

Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal – where draft amended notice of appeal raises substantive matters – where no contradictor to the application because respondent declined to make submissions on application for leave to appeal – application for leave to appeal to be heard by Full Court PRACTICE AND PROCEDURE – oral application for extension of time to file application for leave to appeal – where considerations relevant to discretion to grant an extension of time to file an application for leave to appeal require considering merits of proposed appeal and create risk of competing views – application for extension of time to be heard by Full Court concurrently with application for leave to appeal

Legislation: Corporations Act 2001 (Cth) ss 259A, 1071F Federal Court of Australia Act 1976 (Cth) s 25 Federal Court Rules 2011 (Cth) rr 35.11, 35.13

Cases cited: Chan & Naylor Norwest Pty Ltd v CNIP Pty Ltd [2011] FCA 1203 Edwards v Santos Limited [2010] FCA 34 Ensham Resources Pty Limited v AIOI Insurance Company Limited [2012] FCA 822 House v The King (1936) 55 CLR 499; [1036] HCA 40 Lamb v Sherman (2023) 298 FCR 79; [2023] FCAFC 85 Miller as executor of the estate of Detlef John Kirsten v Kirsten (No 2) [2023] FCA 1034 Optiver Australia Pty Ltd v Tibra Trading Pty Ltd [2008] FCA 47 Oswal v Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) [2011] FCA 536 Pfizer Ireland Pharmaceuticals v Samsung Bioepis Au Pty Ltd [2017] FCA 573 Saraceni v Australian Securities and Investments Commission [2012] FCA 899