Federal Court of Australia
Nkaweh v Trustee for Nonabel Trust [2026] FCA 145
Appeal from: | Nkaweh v Trustee for Nonabel Trust (In Liquidation) (No 2) [2025] FedCFamC2G 1089 |
File number(s): | SAD 7 of 2026 |
Judgment of: | O'SULLIVAN J |
Date of judgment: | 19 May 2026 |
Date of publication of reasons: | 3 July 2026 |
Catchwords: | PRACTICE AND PROCEDURE — application for an extension of time to appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) — where the applicant was to serve documents as soon as practicable — where applicant failed to serve documents within reasonable time — application dismissed for want of prosecution pursuant to s 20(5)(c) of the Federal Court of Australia Act 1976 (Cth) |
Legislation: | Federal Court of Australia Act 1976 (Cth), s 20(5)(c) Federal Court Rules 2011 (Cth) |
Division: | Fair Work Division |
Registry: | South Australia |
National Practice Area: | Employment and Industrial Relations |
Number of paragraphs: | 6 |
Date of hearing: | 19 May 2026 |
Counsel for the Appellant: | The appellant appearing in person |
Counsel for the Respondents: | There being no appearance |
ORDERS
SAD 7 of 2026 | ||
| ||
BETWEEN: | MHD AMMAR NKAWEH Appellant | |
AND: | THE TRUSTEE FOR NONABEL TRUST First Respondent IMAD SOUJAH Second Respondent HABIB BOUTROS Third Respondent | |
order made by: | O'SULLIVAN J |
DATE OF ORDER: | 19 MAY 2026 |
UPON NOTING the applicant’s failure to serve the proceedings upon the respondent after allowing numerous opportunities
THE COURT ORDERS THAT:
1. The application for an extension of time is dismissed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
Ex tempore, settled from transcript
O’SULLIVAN J:
1 This is the third time this matter has been before the Court. The applicant seeks an extension of time within which to appeal from a judgment of a judge of the Federal Circuit and Family Court of Australia (Division 2) delivered on 11 July 2025.
2 A first case management hearing was held on 9 April 2026, at which time the applicant did not attend.
3 The matter was adjourned to 28 April 2026, at which time the applicant attended, however the documents had not been served. On that occasion, the Court ordered that in accordance with the Federal Court Rules 2011 (Cth), the applicant was to serve the documents as soon as practicable. The matter was adjourned to today’s date.
4 The applicant appeared at today’s case management hearing and informed the Court that the documents had not been served. No reason was put forward other than the fact that he now lives in Melbourne. He asked for one further opportunity to serve the documents.
5 The Court is not prepared to provide that opportunity. The applicant has had ample time within which to serve the documents but has failed to do so. The judgment from which the applicant seeks an extension of time within which to file an appeal is now 10 months old.
6 In the circumstances, the application is dismissed for want of prosecution pursuant to s 20(5)(c) of the Federal Court of Australia Act 1976 (Cth).
I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice O'Sullivan. |
Associate:
Dated: 3 July 2026
