Mohamed Hussein v Halina Barbara Kubica

[2014] HCASL 216

MOHAMED HUSSEIN

v

HALINA BARBARA KUBICA & ANOR

[2014] HCASL 216
S207/2014

1. The applicant sought to challenge two sets of orders, made by the Federal Circuit Court of Australia, in the Federal Court of Australia.  The first set of orders related to the sequestration of the applicant's estate after he failed to obtain an adjournment of sequestration proceedings.  The second set of orders related to the dismissal of the applicant's application to set aside a bankruptcy notice, which was made on the basis that, as the time for compliance with the notice had expired, the Federal Circuit Court lacked the jurisdiction to make the orders sought.  The applicant's challenge was dismissed by a single judge of the Federal Court of Australia (Jagot J).

2. The applicant seeks special leave to appeal against the orders of the Federal Court. As the applicant does not have legal representation, his application falls to be dealt with under r 41.10 of the High Court Rules 2004 (Cth).

3. Although the orders of the Federal Court which the applicant challenges purport to dismiss the applicant's appeal, it is evident from the judgment accompanying those orders that Jagot J had identified that the application before her Honour relating to the first set of orders involved an application for leave to appeal and her Honour's finding that the decision of the Federal Circuit Court was not attended by any doubt was made in the context of the principles in Décor Corp Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 relating to the granting of leave to appeal. Her Honour also identified that the application relating to the second set of orders was one for an extension of time within which to file a notice of appeal against the orders of the Federal Circuit Court. The entirety of the applicant's application for special leave to appeal to this Court is, therefore, incompetent under s 33(4B) of the Federal Court of Australia Act 1976 (Cth).

4. Even if the applicant's application was not incompetent under that provision, there is no basis upon which to doubt the correctness of the decision of the Federal Court.  We would therefore refuse the application for special leave to appeal on the merits in any event.

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

V.M. Bell
10 December 2014 S.J. Gageler