FEDERAL COURT OF AUSTRALIA
Singh v Owners Strata Plan 11723 [2013] FCA 714
Citation: Singh v Owners Strata Plan 11723 [2013] FCA 714 Appeal from: Singh v Owners of Strata Plan 11723 [2013] FCCA 506 Parties: JAGJIT SINGH v THE OWNERS - STRATA PLAN NO 11723 File number: NSD 1209 of 2013 Judge: BUCHANAN J Date of judgment: 24 July 2013 Legislation: Bankruptcy Act 1966 (Cth) Cases cited: Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397
De Robillard v Carver (2007) 240 ALR 675
Singh v Owners of Strata Plan 11723 [2013] FCCA 506
Singh v Owners Strata Plan No 11723 (No 4) [2012] FCA 1180
Singh v Owners Strata Plan No 11723 (No 3) [2012] FCA 1121
Singh v Owners Strata Plan No. 11723 (No 2) [2012] FCA 900
Singh v Owners Strata Plan No. 11723 [2012] FCA 538
The Owners Strata Plan No 11723 v Singh & Anor [2012] FMCA 308Date of hearing: 10 July 2013 Date of last submissions: 10 July 2013 Place: Sydney Division: GENERAL DIVISION Category: No catchwords Number of paragraphs: 23 Solicitor for the Applicant: The Applicant appeared in person Solicitor for the Respondent: Ms S Quang, Grace Lawyers Pty Limited
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 1209 of 2013
ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA
BETWEEN: JAGJIT SINGH
ApplicantAND: THE OWNERS - STRATA PLAN NO 11723
Respondent
JUDGE:
BUCHANAN J
DATE OF ORDER:
24 JULY 2013
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The application for extension of time and leave to appeal filed on 27 June 2013 is dismissed with costs.
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 1209 of 2013
ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA
BETWEEN: JAGJIT SINGH
ApplicantAND: THE OWNERS - STRATA PLAN NO 11723
Respondent
JUDGE:
BUCHANAN J
DATE:
24 JULY 2013
PLACE:
SYDNEY
REASONS FOR JUDGMENT
Background
The applicant (“Mr Singh”), who has brought the application for extension of time and for leave to appeal with which this judgment deals with, was made bankrupt together with his wife, Ms Kaur, by a sequestration order made against their estates by the Federal Magistrates Court of Australia (Smith FM) on 5 April 2012 (The Owners Strata Plan No 11723 v Singh & Anor [2012] FMCA 308). The date of the acts of bankruptcy was noted as being 24 August 2011.
The sequestration order gave effect to a creditor’s petition which was based upon a judgment debt obtained in the Local Court of New South Wales on 6 May 2011. The indebtedness alleged, at the time the sequestration order was made, was $21,444.61. During those proceedings, and since that time, Mr Singh has argued persistently that the creditor’s petition was based on incorrect calculations and incorporated fabrications.
Earlier appeal
Since the making of the…
Keep reading for free
Create a free CaseChat account to read Singh v Owners Strata Plan 11723 and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2013] FCA 714
- Decision Date
CaseChat Overview and Summary
The central legal issues revolved around the interpretation and application of the relevant strata laws, specifically the provisions concerning the time limits for lodging appeals and the discretion of the court to extend such deadlines. The court had to determine whether Mr. Singh's circumstances warranted an extension of the time limit for appeal and if the application was made within a reasonable time frame. Additionally, the court needed to assess whether Mr. Singh had a valid basis for appealing the original decision.
The Federal Court carefully examined the statutory framework governing strata titles and the procedural requirements for appeals. It was noted that Mr. Singh's application for an extension of time was made well beyond the permitted period, and there was no compelling evidence to justify a departure from the strict timelines. The court emphasised the importance of adherence to legal deadlines and the principle that extensions should only be granted in exceptional circumstances. Consequently, the court dismissed the application, highlighting that the delay was significant and there was no reasonable excuse for the late filing. The court also ordered Mr. Singh to pay the costs associated with the application, reinforcing the seriousness of failing to meet procedural obligations.
The final orders of the court were straightforward. The application for an extension of time and leave to appeal was dismissed. Furthermore, Mr. Singh was directed to pay the costs of the application. This decision underscores the importance of strict compliance with statutory timelines in strata title disputes and the limited circumstances under which extensions may be granted.
Orders
Orders of the court
1. The application for extension of time and leave to appeal filed on 27 June 2013 is dismissed with costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.