Fine Real Estate Pty Limited v Maguire [1999] NSWCA 77

Fine Real Estate Pty Limited v Maguire [1999] NSWCA 77

Time was extended because, although the notice of appeal without appointment had not been served and the effective delay was about three months, the claimant had not been properly legally represented when the appeal was filed, there was no evidence of an improper advantage, the proposed grounds appeared bona fide, and the opponent had not shown special prejudice beyond prejudice capable of being remedied by costs.

Jurisdiction
Australia
Judgment Date
29 March 1999
Procedural Posture
Application for Extension of Time to File Notice of Appeal With Appointment / Court of Appeal Registrar Hearing
Outcome
Application for extension of time granted; claimant ordered to pay the opponent's costs of the motion; consent orders made on the security for costs motion.
Legal Topics
['extension of Time' 'notice of Appeal' 'service' 'security for Costs' 'costs']
['civil Procedure' 'appellate Procedure'] ['extension of Time' 'notice of Appeal' 'service' 'security for Costs' 'costs']

Case Brief

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Procedural Posture

Application for Extension of Time to File Notice of Appeal With Appointment / Court of Appeal Registrar Hearing

Legal Issues

  1. 1 ['Whether time should be extended to file and serve a notice of appeal with appointment where the earlier notice of appeal without appointment was not served on the opponent.' 'Whether any prejudice to the opponent from the delay could be addressed by a costs order.']

Ratio Decidendi

Time was extended because, although the notice of appeal without appointment had not been served and the effective delay was about three months, the claimant had not been properly legally represented when the appeal was filed, there was no evidence of an improper advantage, the proposed grounds appeared bona fide, and the opponent had not shown special prejudice beyond prejudice capable of being remedied by costs.

Court Disposition

Application for extension of time granted; claimant ordered to pay the opponent's costs of the motion; consent orders made on the security for costs motion.

Orders

  • ['Time to file and serve the notice of appeal with appointment extended to 4.00pm on 1 April 1999.' "Claimant to pay the opponent's costs of the motion." 'In respect of the motion for security for costs filed in court on 7 December 1998, by consent order 2 in the short minutes of order filed in court was made;...