Ripani v Century Legend Pty Ltd (No 2)
[2022] FCA 289
•25 March 2022
FEDERAL COURT OF AUSTRALIA
Ripani v Century Legend Pty Ltd (No 2) [2022] FCA 289
File number: VID 266 of 2020 Judgment of: ANASTASSIOU J Date of judgment: 25 March 2022 Catchwords: PRACTICE AND PROCEDURE – extending time limited by earlier orders to allow for hearing and determination of stay application Cases cited: Ripani v Century Legend Pty Ltd [2022] FCA 242 Division: General Division Registry: Victoria National Practice Area: Commercial and Corporations Sub-area: Regulator and Consumer Protection Number of paragraphs: 4 Date of hearing: Determined on the papers ORDERS
VID 266 of 2020 BETWEEN: WALTER RIPANI
First Applicant
NINA RIPANI
Second Applicant
AND: CENTURY LEGEND PTY LTD
Respondent
ORDER MADE BY:
ANASTASSIOU J
DATE OF ORDER:
25 MARCH 2022
THE COURT ORDERS THAT:
1.The time limited by Order 2 of the Orders made on 18 March 2022 be extended until 4pm on Monday, 28 March 2022.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
ANASTASSIOU J:
On 24 March 2022, Charlotte Emilie Sinclair, a solicitor for the Respondent in this proceeding, filed an affidavit. By reason of that affidavit, I became aware that the Respondent had filed a Notice of Appeal in relation to my judgment in Ripani v Century Legend Pty Ltd [2022] FCA 242 (the Judgment) and the orders I made on 18 March 2022 (the Orders).
The affidavit also foreshadowed an interlocutory application by which the Respondent would seek a stay in relation to the Orders pending the hearing and determination of the Respondent’s appeal to the Full Court of this Court (the stay application). The following day, 25 March 2022, the Respondent’s stay application was formally accepted for filing.
In view of the lateness of the application, and the pressures of the Court’s business, it was not practical for the stay application or any part of it to be determined today.
In those circumstances, and only by reason of the impracticality I have described of that application being heard, I shall extend the time limited by Order 2 of the Orders until 4pm on Monday, 28 March 2022.
I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Anastassiou. Associate:
Dated: 25 March 2022
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