Maytom v Prentice

[2013] FCA 387

FEDERAL COURT OF AUSTRALIA

Maytom v Prentice [2013] FCA 387

Citation:		Maytom v Prentice [2013] FCA 387
Parties:		GARY ALLAN MAYTOM v MAXWELL WILLIAM PRENTICE OF BPS RECOVERY, CRAIG PRYOR OF WARREN MCKEON DICKESON SOLICITORS PTY LTD and JACKSON LALIC SOLICITORS
File number:		NSD 547 of 2013
Judge:		JACOBSON J
Date of judgment:		17 April 2013
Cases cited:		Sopikiotis, in the matter of Sopikiotis (Bankrupt) v Vince (Trustee) [2013] FCAFC 24
Date of hearing:	17 April 2013
Place:	Sydney
Division:	GENERAL DIVISION
Category:	No Catchwords
Number of paragraphs:	8
Solicitor for the Applicant:	Ms Taylor as litigation guardian
Solicitor for the Respondents:	Ms Nash

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 547 of 2013

BETWEEN:

GARY ALLAN MAYTOM
Applicant

AND:

MAXWELL WILLIAM PRENTICE OF BPS RECOVERY
First Respondent

CRAIG PRYOR OF WARREN MCKEON DICKESON SOLICITORS PTY LTD
Second Respondent

JACKSON LALIC SOLICITORS
Third Respondent

JUDGE:	JACOBSON J
DATE OF ORDER:	17 APRIL 2013
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The time for filing and serving of a Notice of Appeal by the appellant against the decision of Federal Magistrate Driver be extended to 7 May 2013.

2.As a condition of the extension of time, the parties are referred to mediation before a Registrar of the Federal Court no later than 1 May 2013.  No step is to be taken in the appeal (including the filing of any Notice of Appeal), pending the outcome of the mediation.

3.The grounds of the appeal are to be limited to the question of denial of procedural fairness in accordance with the reasons for judgment handed down on 17 April 2013.

4.Pursuant to Federal Court Rule 9.63, Ms Rachel Taylor be appointed as litigation guardian for Mr Gary Allan Maytom, and that the requirements of the rules relating to the filing of an affidavit by Ms Taylor are dispensed with.

Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 547 of 2013

BETWEEN:

GARY ALLAN MAYTOM
Applicant

AND:

MAXWELL WILLIAM PRENTICE OF BPS RECOVERY
First Respondent

CRAIG PRYOR OF WARREN MCKEON DICKESON SOLICITORS PTY LTD
Second Respondent

JACKSON LALIC SOLICITORS
Third Respondent

JUDGE:	JACOBSON J
DATE:	17 APRIL 2013
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for leave to extend time under rule 36.05 of the Federal Court Rules to file a notice of appeal against orders made by Driver FM on 4 March 2013.  Time to lodge the notice of appeal expired on 26 March 2013.  The present application was filed only two days later, on 28 March.  Accordingly, the delay is very short and I take that matter into account in coming to the conclusion that I ought to grant the extension.  However, one of the matters which informs the exercise of the jurisdiction to grant an extension of time is the prospects of success on an appeal.  The applicant, Mr Maytom, has…