Skalkos v T & S Recoveries Pty Ltd [2004] NSWCA 281

Skalkos v T & S Recoveries Pty Ltd [2004] NSWCA 281

Despite the potential relevance of proportionality, the long and unexplained delay, absence of the argument below, lack of affidavit from the claimant, and insufficient evidence to show a reasonable prospect of materially reducing the costs assessment warrant dismissal of the application for extension of time.

Parties
Claimant: Theodore Skalkos; Opponent: T & S Recoveries Pty Ltd
Jurisdiction
Australia
Judgment Date
18 August 2004
Procedural Posture
Application for Extension of Time Within Which to Apply for Leave to Appeal / Court of Appeal Determination
Outcome
Application for extension of time dismissed with costs.
Legal Topics
Costs Assessment, Proportionality, Extension of Time, Leave to Appeal
Practice and Procedure Costs Assessment Proportionality Extension of Time Leave to Appeal

Case Brief

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Parties

Theodore Skalkos

Claimant

T & S Recoveries Pty Ltd

Opponent

Procedural Posture

Application for Extension of Time Within Which to Apply for Leave to Appeal / Court of Appeal Determination

Legal Issues

  1. 1 Whether the costs assessor erred by failing to consider proportionality between the costs awarded and the verdict
  2. 2 Whether the Master erred in failing to consider proportionality
  3. 3 Whether an extension of time to appeal should be granted given the delay and circumstances

Ratio Decidendi

Despite the potential relevance of proportionality, the long and unexplained delay, absence of the argument below, lack of affidavit from the claimant, and insufficient evidence to show a reasonable prospect of materially reducing the costs assessment warrant dismissal of the application for extension of time.

Court Disposition

Application for extension of time dismissed with costs.

Orders

  • Application for extension of time within which to apply for leave to appeal is dismissed with costs.