Khaled El Sayed v Sayed El Hawach [2014] NSWCA 259

Khaled El Sayed v Sayed El Hawach [2014] NSWCA 259

An extension of time for filing the notice of appeal should be granted where the delay is minimal (one day), there is a sufficient unchallenged explanation for the delay, no prejudice is caused, and it cannot be clearly established that the appeal is hopeless or totally without merit.

Jurisdiction
Australia
Judgment Date
28 July 2014
Procedural Posture
Appeal / Application for Extension of Time to File Notice of Appeal
Outcome
Extension of time granted for filing the notice of appeal; application to dismiss appeal as incompetent refused.
Legal Topics
['extension of Time' 'appeal Procedure' 'notice of Appeal']
['practice and Procedure'] ['extension of Time' 'appeal Procedure' 'notice of Appeal']

Case Brief

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Procedural Posture

Appeal / Application for Extension of Time to File Notice of Appeal

Legal Issues

  1. 1 ['Should time be extended for filing the notice of appeal that was lodged one day late?' 'Is the appeal totally without merit, and should it be dismissed as incompetent?']

Ratio Decidendi

An extension of time for filing the notice of appeal should be granted where the delay is minimal (one day), there is a sufficient unchallenged explanation for the delay, no prejudice is caused, and it cannot be clearly established that the appeal is hopeless or totally without merit.

Court Disposition

Extension of time granted for filing the notice of appeal; application to dismiss appeal as incompetent refused.

Orders

  • ['Extend time for the filing of the notice of appeal up to and including 21 March 2014.' 'Application to dismiss appeal as incompetent rejected.']