Dimitrovski v Boland

The applicants in Dimitrovski v Boland sought leave to appeal and an extension of time to appeal from a decision of the Supreme Court of New South Wales. The applicants, who were discharged bankrupts, had brought claims for damages for personal injuries in addition to property claims. The primary judge held that the personal injury claims were not severable from the property claims and that the claims had vested in the trustee of the applicants’ bankrupt estates. The applicants sought leave to appeal and an extension of time to appeal from the decision of the primary judge.

The court was required to decide whether the proposed grounds of appeal had merit and whether the applicants were entitled to an extension of time to appeal. The court found that the proposed grounds of appeal had no merit and that the applicants were not entitled to an extension of time to appeal. The applicants had not demonstrated any special circumstances that would justify an extension of time.

The court found that the primary judge’s decision was correct and that the applicants had not demonstrated any error on the part of the primary judge. The applicants had not shown that the primary judge had failed to take into account any relevant consideration or had made an error of law. The court found that the applicants’ claims for damages for personal injuries were inextricably interwoven with their financial matters and that the claims had vested in the trustee of their bankrupt estates.

The application for leave to appeal and an extension of time to appeal is dismissed. The applicants are ordered to pay the respondents’ costs of the application.