FEDERAL CIRCUIT COURT OF AUSTRALIA
| EL-HANANIA v VELLA | [2019] FCCA 1555 |
| Catchwords: BANKRUPTCY – PRACTICE & PROCEDURE – Application to correct order or orders under the “slip rule” to include an order under s.41(6A) of the Bankruptcy Act 1966 (Cth) (Act) extending the time for compliance with the requirements of a bankruptcy notice – whether in the circumstances of this case the slip rule is available to correct orders in this manner – whether there is power under s.41(6A) of the Act to order an extension of time after the time for compliance with the requirements of the bankruptcy notice, as already extended by an order under s.41(6A) of the Act, has expired – whether in the exercise of its discretion the Court should decline to make an order extending time or to apply the slip rule – application dismissed. |
| Legislation: Bankruptcy Act 1966 (Cth), ss.33(1)(c), 41(6A) Federal Court Rules 2011 (Cth), reg.39.05 |
| Cases cited: Agrillo v Codisposto [1994] FCA 1561 |
| Applicant: | SABA EL-HANANIA |
| Respondent: | ELON JOSEPH VELLA |
| File Number: | SYG 2258 of 2018 |
| Judgment of: | Judge Manousaridis |
| Hearing dates: | 9, 31 May 2019, 7 June 2019 |
| Date of Last Submission: | 8 July 2019 |
| Delivered at: | Sydney |
| Delivered on: | 9 July 2019 |
REPRESENTATION
| Counsel for the Applicant: | Mr J T Johnson and Mr Y Chen |
| Solicitors for the Applicant: | Saba El-Hanania Lawyers |
| Solicitors for the Respondent: | Mr B Sewell of Sewell & Kettle Lawyers |
ORDERS
The interim application filed by the applicant on 10 April 2019 is dismissed.
The costs of the interim application are reserved.
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT SYDNEY |
SYG 2258 of 2018
| SABA EL-HANANIA |
Applicant
And
| ELON JOSEPH VELLA |
Respondent
REASONS FOR JUDGMENT
Introduction
Before the Court is an interim application filed by the applicant, Mr El-Hanania, on 10 April 2019 seeking an order that the time for complying with the requirements of a bankruptcy notice served on him be extended. Mr El-Hanania seeks the order under r.39.05 of the Federal Court Rules 2011 (Cth) (FCR), as “picked up in the Federal Circuit Court of Australia”. In substance, however, Mr El-Hanania seeks an order that a previous order or previous orders made in this proceeding be corrected under the “slip rule” to include an order under s.41(6A) of the Bankruptcy Act 1966 (Cth) (Act) extending the time for compliance with the requirements of the bankruptcy notice that has been served on him.
In addition Mr El-Hanania submits the Court has power to extend the time for compliance with the requirements of the bankruptcy notice because he filed…
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- AGLC
- El-Hanania v Vella [2019] FCCA 1555
- Case
- [2019] FCCA 1555
- Decision Date
CaseChat Overview and Summary
The primary legal issues before Judge Manousaridis were whether the "slip rule" was available to insert an order under section 41(6A) of the *Bankruptcy Act 1966* (Cth) extending time for compliance with a bankruptcy notice, and whether such an extension could be granted after the time for compliance, even as previously extended, had expired. The court also considered whether, in the exercise of its discretion, it should decline to make such an order or apply the slip rule.
Judge Manousaridis reasoned that Mr El-Hanania had not demonstrated an ability to satisfy the conditions imposed by the Court of Appeal for extending the time to seek judicial review of the judgment. These conditions included paying the judgment sum into court and providing security for costs by 31 July 2019. The judge inferred from Mr El-Hanania's silence on these matters that he would be unable to meet them, which weighed heavily against exercising discretion to extend time for compliance with the bankruptcy notice. The court noted that Mr El-Hanania criticised Mr Vella's opposition to the application for an extension of time.
The application was dismissed.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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Ratio Decidendi
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