Hacker v The Owners - Strata Plan No. 17572

The applicants, Nandor Daday and Susie Hacker, sought to appeal sequestration orders made against them. They applied for an extension of time to make an application for review of the sequestration orders, arguing that they were not served with the relevant documents in time to make their application within the statutory period. The Owners - Strata Plan No. 17572 opposed the application. The dispute was heard in the Supreme Court of Victoria.

The court was required to determine whether the applicants had established any exceptional circumstances that would warrant an extension of the time for making an application for review of the sequestration orders. The court also had to consider whether the applicants had been prejudiced by the delay in being served with the relevant documents.

The court held that the applicants had not demonstrated any exceptional circumstances that would warrant an extension of time. The court found that the applicants had not been prejudiced by the delay in being served with the relevant documents, as they had been aware of the proceedings and had participated in them. The court therefore dismissed the application for an extension of time. The court also annulled the bankruptcies of the applicants and ordered that they pay the trustee’s costs and 75% of the creditors’ costs of the proceeding.