Dimitriou v Huybers [2017] NSWCA 252

Dimitriou v Huybers [2017] NSWCA 252

The application to extend time failed because the applicants did not provide a full and frank explanation for their non-compliance with the self-executing order, and the grounds of appeal were devoid of merit, with the written submissions failing to expose relevant error in the primary judge’s reasoning or findings.

Jurisdiction
Australia
Judgment Date
10 October 2017
Procedural Posture
Appeal / Application for Extension of Time; Interlocutory Decision
Outcome
Applications for extension of time and for relief dismissed; costs ordered against appellants.
Legal Topics
['extension of Time' 'self Executing Order' 'procedural Non Compliance' 'appeal Merit Assessment']
['civil Procedure'] ['extension of Time' 'self Executing Order' 'procedural Non Compliance' 'appeal Merit Assessment']

Case Brief

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Procedural Posture

Appeal / Application for Extension of Time; Interlocutory Decision

Legal Issues

  1. 1 ['Whether to grant extension of time for compliance with self-executing order under UCPR r 1.12 after appeal dismissed for failure to comply with procedural directions; whether satisfactory explanation has been provided for the failure to comply; whether proposed appeal devoid of merit; appropriate costs order for dismissed applications']

Ratio Decidendi

The application to extend time failed because the applicants did not provide a full and frank explanation for their non-compliance with the self-executing order, and the grounds of appeal were devoid of merit, with the written submissions failing to expose relevant error in the primary judge’s reasoning or findings.

Court Disposition

Applications for extension of time and for relief dismissed; costs ordered against appellants.

Orders

  • ["Dismiss the first, second and third appellants' application to extend the time for compliance with order 1 made by Beazley P on 5 June 2017." 'Otherwise dismiss the applications for relief in paragraphs 4, 5, 6, 7 and 8 of the Amended Notice of Motion filed on 25 September 2017.' "The first, second and third...