FEDERAL COURT OF AUSTRALIA
Flint v Richard Busuttil & Co Pty Ltd [2013] FCA 925
Citation: Flint v Richard Busuttil & Co Pty Ltd [2013] FCA 925 Appeal from: Application for extension of time: Flint v Richard Busuttil & Co Pty Limited [2013] FCA 575
Flint v Richard Busuttil & Co Pty Limited [2013] FMCA 1158Parties: DENISE CHARLENE FLINT v RICHARD BUSUTTIL & CO PTY LIMITED File number: ACD 77 of 2013 Judge: KATZMANN J Date of judgment: 13 September 2013 Catchwords: BANKRUPTCY – creditor’s petition – sequestration order – whether power to extend life of creditor’s petition retrospectively by invoking the slip rule despite s 52(5) of the Bankruptcy Act 1966 (Cth) – primary judge followed Griffiths v Boral Resources (Qld) Pty Ltd (2006) 154 FCR 554.
PRACTICE AND PROCEDURE – “slip rule” – whether slip rule applies – federal magistrate failed to make order extending life of creditor’s petition before statutory period had lapsed – whether slip rule can be invoked to extend life of petition retrospectively.
PRACTICE AND PROCEDURE – application for extension of time in which to appeal – explanation for delay deficient but arguable case on important question of principle.
Legislation: Bankruptcy Act 1966 (Cth) ss 33(1)(c), 52, 109(1)(a)
Federal Circuit Court Rules 2001 (Cth)
Federal Court Rules 2011 (Cth) rr 1.39, 36.03Cases cited: Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424
Comcare v A’Hearn (1993) 45 FCR 441
Davidova v Murphy [2009] FCA 601
Dix v Crimes Compensation Tribunal [1993] 1 VR 297
Dunlop v Fishburn (No 3) [2012] FCA 315
Elyard Corp Pty Ltd v DDB Needham Sydney Pty Ltd (1995) 61 FCR 385
FAI General Insurance Co Ltd v Southern Cross Exploration NL (1987) 165 CLR 268
Flint v Busuttil & Co Pty Limited [2013] FCA 258
Griffiths v Boral Resources (Qld) Pty Ltd (2006) 154 FCR 554
Re Agushi; Ex parte Farrow Mortgage Services Pty Ltd (In liq) (1994) 126 ALR 704
Re Langridge; Ex parte Bennett Carroll & Gibbons [1998] FCA 879
Re Young; Ex parte Smith (1985) 5 FCR 204
Seiler v Minister for Immigration, Local Government and Ethnic Affairs (1994) 48 FCR 83
SZQZR v Minister for Immigration and Citizenship (2013) 133 ALD 355Date of hearing: 28 August 2013 Date of last submissions: 12 September 2013 Place: Sydney (via video link to Canberra) Division: GENERAL DIVISION Category: Catchwords Number of paragraphs: 51 Counsel for the Applicant: Mr J T Johnson Counsel for the Respondent: Mr W L Sharwood Solicitor for the Respondent: Rod J Barnett & Associates Pty Ltd
Solicitor for the Trustee: Bradley Allen Love Lawyers
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY
GENERAL DIVISION
ACD 77 of 2013
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN: DENISE CHARLENE FLINT
ApplicantAND: RICHARD BUSUTTIL & CO PTY LIMITED
Respondent
JUDGE:
KATZMANN J
DATE OF ORDER:
13 SEPTEMBER 2013
WHERE MADE:
CANBERRA
THE COURT ORDERS THAT:
1.Time within which to file a notice…
Keep reading for free
Create a free CaseChat account to read Flint v Richard Busuttil & Co Pty Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2013] FCA 925
- Decision Date
CaseChat Overview and Summary
The central legal issue in this case was whether the primary judge had the jurisdiction to extend the creditor’s petition after it had expired, and consequently, whether the sequestration order was valid. Ms Flint argued that the federal magistrate had no power to extend the petition after its expiration, and thus, the primary judge had no power to make the sequestration order. The primary judge, however, upheld the application for an extension based on the slip rule, which allows for the correction of accidental slips or omissions in judicial decisions. The primary judge found that the failure to address the expiration of the petition in the orders of 29 August 2013 was an accidental slip or omission that justified the extension.
The court considered the statutory requirements for filing a notice of appeal and the legal principles surrounding the slip rule. The court determined that the application for an extension of time to appeal was made well beyond the 21-day period stipulated by the Federal Court Rules. Despite this, the court acknowledged that the appeal had reasonable prospects of success, based on Ms Flint's affidavit and the advice of her counsel. However, the court held that the application for an extension of time to appeal was not well founded, and thus dismissed the application.
The final order of the court was that the application to extend the time in which to appeal the sequestration order was dismissed.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.