Saha & Lahiri

The case of Saha & Lahiri involves an appeal by Ms Saha against an order of the Federal Circuit and Family Court of Australia, which dismissed her application for an extension of time to commence an application under section 139ZS of the Bankruptcy Act 1966 (Cth). The appeal was brought against Mr Lahiri, the trustee of the superannuation fund for both parties, and D Pty Ltd, the company acting as trustee of the superannuation fund. The appeal was heard by Justice Aldridge on 21 September 2022. The primary legal issue before the court was whether it was in the interests of justice to adjourn the hearing of the appeal, which was scheduled for 27 September 2022. The court considered whether Ms Saha had taken proper steps to prepare her appeal and whether granting an adjournment would be in the interests of justice. The court found that Ms Saha had not provided sufficient evidence to support her claims of being unable to prepare the appeal by the scheduled date and that she had failed to comply with earlier orders regarding the filing of a Summary of Argument and List of Authorities. Justice Aldridge dismissed the application for an adjournment, noting that the appellant had arguable grounds of appeal but had not taken proper steps to prepare it. The court also considered the interests of the respondents and the potential financial impact on the appellant's creditors if the appeal were to be adjourned. The court concluded that it was not in the interests of justice to delay the hearing and dismissed the application for an adjournment. The court did not provide final orders in the appeal as the adjournment application was dismissed, and the appeal was set down for hearing on the scheduled date of 27 September 2022.