Vlad v Lopez (No.2)

Case [2017] FCCA 2032


FEDERAL CIRCUIT COURT OF AUSTRALIA

VLAD v LOPEZ (No.2) [2017] FCCA 2032

Catchwords:
BANKRUPTCY – Application for extension of time for review of Registrar’s decision to issue a sequestration order.

BANKRUPTCY – Annulment of sequestration order.

PRACTICE AND PROCEDURE – Extension of time to file for review of Registrar’s decision – factors for consideration.

Legislation:

Bankruptcy Act 1966 (Cth), ss.43, 44, 47, 51, 52, 153B

Bankruptcy Regulations 1996 (Cth), reg.16.03
Federal Circuit Court of Australia Act 1999 (Cth), s.104
Federal Circuit Court (Bankruptcy) Rules 2006 (Cth), rr.2.03, 4.02, 4.04, 4.06
Federal Circuit Court Rules 2001 (Cth), rr.16.05, 20.03
Federal Court Rules 2011 (Cth), r.9.12
Taxation Administration Act 1953 (Cth), Part IVC, s.14ZZM

Baker v Perpetual Trustee Company Limited [2012] FCA 553; (2012) 204 FCR 593
Bank of Australasia v Hill (1907) 4 CLR 1514; (1907) 14 ALR 51
Boles v Official Trustee in Bankruptcy [2001] FCA 639; (2001) 183 ALR 239
Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541; (1996) 70 ALJR 866; (1996) 139 ALR 1
Bulic v Commonwealth Bank of Australia Ltd [2007] FCA 307; (2007) 5 ABC(NS) 122
BZABK v Minister for Immigration & Citizenship & Anor [2012] FCA 774; (2012) 205 FCR 83
Cain v Whyte (1933) 48 CLR 639; (1933) 6 ABC 117; (1933) 6 ALJ 457
Deputy Commissioner of Taxation v Broadbeach Properties Pty Ltd [2008] HCA 41; (2008) 237 CLR 473; (2008) 82 ALJR 1411; (2008) 69 ATR 357; (2008) 248 ALR 693; (2008) 67 ACSR 593; (2008) ATC 20-045; (2008) 26 ACLC 880
Esanda Finance Corp Ltd v Velissaris [1999] FCA 1359
Francis v Eggleston Mitchell Lawyers Pty Ltd [2014] FCAFC 18; (2014) 12 ABC(NS) 25
Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344; (1984) 58 ALR 305; (1984) 7 ALD 315
International Alpaca Management Pty Ltd v Ensor [1999] FCA 72
Manoher v Minister for Immigration, Local Government and Ethnic Affairs (No.2) (1991) 24 ALD 410
Miller v Bond: Securities (unreported, Federal Court of Australia, 2 September 1994)
Re Commonwealth of Australia & Anor; Ex parte Marks [2000] HCA 67; (2000) 75 ALJR 470; (2000) 177 ALR 491
Re Lakatos; Ex parte Lakatos v Deputy Commissioner of Taxation (1996) 33 ATR 145
Re Sanders; Knudsen and Yates (t/a The Hargreaves Practice) v Sanders [2003] FCA 1079; (2003) 1 ABC(NS) 408
Re Sarina, Ex parte Council of the Shire of Wollondilly (1980) 43 FLR 163; (1980) 30 ALR 266
Re Svir; Ex parte Commissioner of Taxation (1998) 83 FCR 314; (1998) 39 ATR 113; (1998) 154 ALR 710
Rigg v Baker [2006] FCAFC 179; (2006) 155 FCR 531; (2006) 236 ALR 629; (2006) 4 ABC(NS) 419
Sandell v Porter& Anor (1966) 115 CLR 666; (1966) 40 ALJR 71
Sanders v Knudsen & Yates trading as The Hargreaves Practice [2004] FCAFC 305
Sarina v Council of the Shire of Wollondilly (1980) 48…

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AGLC
Vlad v Lopez (No.2) [2017] FCCA 2032
Case
[2017] FCCA 2032
Decision Date

CaseChat Overview and Summary

In *Vlad v Lopez (No.2)*, the applicant, Vlad, sought an extension of time to seek a review of a Registrar's decision to issue a sequestration order against him. Lopez was the respondent. The core of the dispute concerned Vlad's ability to challenge the sequestration order after the statutory time limit had expired.

The primary legal issue before the Court was whether to grant Vlad an extension of time to file an application for review of the Registrar's sequestration order. This required the Court to consider the relevant factors for granting such an extension in bankruptcy proceedings, as well as the separate, but related, question of whether the sequestration order should be annulled.

Judge Antoni Lucev considered the principles governing applications for extensions of time in bankruptcy, which include the applicant's prospects of success on the review, the reasons for the delay, and the prejudice to the respondent. The Court noted that while the applicant had a strong arguable case for annulment, the delay in seeking review was significant and unexplained. Ultimately, the Court found that the prejudice to the respondent, Lopez, outweighed the applicant's prospects of success, and therefore declined to grant the extension of time. Consequently, the application for annulment was dismissed.

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