Davis v ABL Nominees Pty Ltd

In *Davis v ABL Nominees Pty Ltd*, the applicant, Mr Davis, sought to review a sequestration order made against him by a Registrar of the Federal Court of Australia. Mr Davis also sought an extension of time within which to file his application for review. The respondent, ABL Nominees Pty Ltd, opposed both the application for review and the application for an extension of time.

The primary legal issues before the Court were whether the *Bankruptcy Act 1966* (Cth) or the *Federal Circuit Court Rules 2001* (Cth) governed the application for an extension of time to seek a review of a Registrar's sequestration order, and what considerations were relevant to the grant of such an extension. Additionally, the Court considered an application for an adjournment of the hearing of the review application.

Justice Lucev determined that the *Federal Circuit Court Rules 2001* applied to the application for an extension of time, as the review of a Registrar's decision was a procedural matter. In considering the application for an extension of time, his Honour applied the principles established in *S & S/3J Pty Ltd v Thorne* and *Re Vella*, weighing the applicant's explanation for the delay against the prejudice to the respondent and the merits of the proposed review. His Honour found that the applicant had not provided a sufficient explanation for the significant delay in filing the review application and that the merits of the proposed review were weak. The application for an adjournment was also refused.

Consequently, Justice Lucev dismissed both the application for an extension of time and the application for review, and the sequestration order stood.