Ljupco Slaveski v Rotstein & Associates Pty Ltd

[2015] HCASL 82

LJUPCO SLAVESKI

v

ROTSTEIN & ASSOCIATES PTY LTD

[2015] HCASL 82
M141/2014

1. The applicant seeks special leave to appeal against the orders of a single judge of the Federal Court of Australia (Beach J) dismissing the applicant's appeal against orders of the Federal Circuit Court.  The Federal Circuit Judge (Judge Reithmuller) had made a sequestration order against the estate of the applicant.

2. The applicant did not attend the hearing of the appeal to the Federal Court but his daughter was permitted to represent him.  Beach J recorded in his reasons for judgment that, despite the width of the grounds stated for the appeal, the applicant's chief complaint was that the primary judge should have granted the applicant an adjournment of the application for a sequestration order, but did not. 

3. The sequestration order was founded upon the applicant's failure to comply with a bankruptcy notice based upon a judgment debt.  The applicant has since made numerous attempts to challenge both the judgment debt and the bankruptcy notice but those attempts have failed.

4. The applicant does not have legal representation and so his application falls to be determined pursuant to r 41.10 of the High Court Rules 2004.

5. The application for special leave is brought out of time and the applicant seeks an order under r 41.02.2 extending the time for bringing the application.  It is not necessary to decide whether that order should be made.

6. There is no reason to doubt the correctness of the decision of Beach J.  An appeal to this Court would enjoy no prospect of success.

7. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
13 May 2015 G.A.A. Nettle