Turner, A v Trevorrow, R.W

[1993] FCA 724

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JUDGMENT No. ...14.4..,./ .,..~~,,,

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IN THE FEDERAL COURT OF AUSTRALIA	)	!
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VICTORIA DISTRICT REGISTRY NO. VG 376 of 1992

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GENEFAL DIVISION

B E T W E E N :

ALAN TURNER i ,

Applicant F I -

RONALD WILLIAM TREVORROW

JUDGE:	Heerey J
DATE:	16 September 1993
PLACE :	Melbourne

REASONS FOR JUDGMENT

I propose to extend the time for appeal from

delivered by Northrop J on 29 July 1993. As his Honour saia,. the case did give rise to some difficult questions of law, mainly as to the question whether the debtor was carrying on business in Australia through an agent. The time that has elapsed since the period fixed for filing a notice of appeal

is not very great. It amounts to some 12 or 13 days.

The respondent has not advanced any particular grounds of prejudice which might arise if the appeal were to proceed and i

It is true that the debtor was less than efficient in looking after his own interests, but that is partly explained by the fact that he was residing overseas and understandably he did not have ready money available to put his solicitor in funds immediately.

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I think in all the circumstances I ought to extend the time

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for filing and serving the notice of appeal until 30 September	I..
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1993 nunc pro tunc. I will order the applicant pay the 1

respondent's costs of the application.

I certify that this and the

preceding page are a true

copy of the reasons for	l .
judgment of his Honour M r	I
Justice Heerey.	I
Dated: 16September 1993
Q!L@L~L.	ssociate

Appearances

Counsel for the applicant:	Mr B Scheid
- Solicitor for the applicant:	Jack Di Natale
Counsel for the respondent:	Mr C Hussey
Solicitor for the respondent:	Hussey & CO
Date of hearing:	16 September 1993