Di Iorio v Wagener

FEDERAL COURT OF AUSTRALIA

Di Iorio v Wagener [2015] FCA 524

Citation:	Di Iorio v Wagener [2015] FCA 524
Appeal from:	Application for leave to appeal: Wagener v Di Iorio [2015] FCCA 322
Parties:	PETER DI IORIO v GARY WAGENER TRADING AS WAGENER BUILDING SERVICES
File number:	QUD 61 of 2015
Judge:	RANGIAH J
Date of judgment:	28 May 2015
Catchwords:	BANKRUPTCY AND INSOLVENCY – application for leave to appeal – whether Federal Circuit Court erred in refusing extension of time to review sequestration order – whether grounds to go behind QCAT decision – whether fraud, collusion or miscarriage of justice – no basis to go behind QCAT decision
Legislation:	Federal Circuit Court of Australia Act 1999 (Cth) s 104 Federal Circuit Court (Bankruptcy) Rules 2006 (Cth) r 2.03 Bankruptcy Act1966 (Cth) ss 40(1), 41(1), 43, 52 and 52(1)(c)
Cases cited:	Corney v Brien (1951) 84 CLR 343 SBBS v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 194 ALR 749 at [44]; [2002] FCAFC 361 Wren v Mahony (1972) 126 CLR 212
Date of hearing:	21 May 2015
Place:	Brisbane
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	31
Counsel for the Applicant:	The applicant appeared in person
Counsel for the Respondent:	Mr C Garlick

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION	QUD 61 of 2015

BETWEEN:	PETER DI IORIO Applicant
AND:	GARY WAGENER TRADING AS WAGENER BUILDING SERVICES Respondent

JUDGE:	RANGIAH J
DATE OF ORDER:	28 MAY 2015
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.The application for leave to appeal is dismissed.

2.The applicant pay the respondent’s costs of the application.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION	QUD 61 of 2015

BETWEEN:	PETER DI IORIO Applicant
AND:	GARY WAGENER TRADING AS WAGENER BUILDING SERVICES Respondent

JUDGE:	RANGIAH J
DATE:	28 MAY 2015
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. The applicant, Peter Di Iorio seeks leave to appeal against an interlocutory judgment of the Federal Circuit Court of Australia given on 9 February 2015.  The Federal Circuit Court dismissed Mr Di Iorio’s application for an extension of time to seek review of a sequestration order made by a Registrar. 

2. It is necessary to set out something of the procedural history of Mr Di Iorio’s litigation in order to place the present application into context.

3. Mr Di Iorio was a registered builder.  The respondent, Gary Wagener, is a tradesman who seems to have specialised in cladding work.  Mr Di Iorio engaged Mr Wagener to perform work in 2010, but a dispute ensued.  Mr Wagener took proceedings against Mr Di Iorio in the Queensland Civil and Administrative Tribunal (“QCAT”), claiming that he was owed a debt of $8,150.  A contested hearing took place on 26 August 2010, and an order was made that Mr Di Iorio pay Mr Wagener the sum of $8,240. 

4. The QCAT order was filed in the Magistrates Court of…