DIM FURNITURE PTY LTD v HOLMES [1989] NSWCA 59

Despite the delay being small and the explanation being brief, there was no evidence of prejudice to the opponent beyond the minor delay, so the extension of time was granted.

Parties: Claimant: DIM Furniture Pty Ltd; Opponent: Holmes
Jurisdiction: Australia
Judgment Date: 06 November 1989
Procedural Posture: Application for Extension of Time / Application Heard by Court of Appeal
Outcome: Extension of time granted
Legal Topics: Extension of Time, Appeals

Civil Procedure Extension of Time Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

DIM Furniture Pty Ltd

Claimant

Holmes

Opponent

Procedural Posture

Application for Extension of Time / Application Heard by Court of Appeal

Legal Issues

1 Whether an extension of time for filing a notice of appeal should be granted

Ratio Decidendi

Despite the delay being small and the explanation being brief, there was no evidence of prejudice to the opponent beyond the minor delay, so the extension of time was granted.

Court Disposition

Extension of time granted

Orders

Time for filing the notice of appeal is extended up to and including 15 November 1989
Applicant to pay the costs of the application