Wyllie & Ors. v. Tarrison Pty. Limited & Ors. [2007] NSWCA 95

Wyllie & Ors. v. Tarrison Pty. Limited & Ors. [2007] NSWCA 95

The proposed cross-appeal has insufficient prospects of success, considering the weight of evidence and relevant agreements, to justify granting an extension of time.

Parties
1st Appellant: William Anthony Wyllie; 2nd Appellant: Vengreen Pty. Limited; 3rd Appellant: Sydney Harbour Seaplanes Pty. Limited; 1st Respondent: Tarrison Pty. Limited; 2nd Respondent: Ross Edward Seller; 3rd Respondent: Rensen Pty. Limited; Proposed Cross Respondent: Mr. Peter Kane
Jurisdiction
Australia
Judgment Date
13 April 2007
Procedural Posture
Court of Appeal Proceeding / Application for Extension of Time to Bring Cross Appeal
Outcome
Notice of motion dismissed
Legal Topics
Extension of Time, Cross Appeal
Procedure Extension of Time Cross Appeal

Case Brief

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Parties

William Anthony Wyllie

1st Appellant

Vengreen Pty. Limited

2nd Appellant

Sydney Harbour Seaplanes Pty. Limited

3rd Appellant

Tarrison Pty. Limited

1st Respondent

Ross Edward Seller

2nd Respondent

Rensen Pty. Limited

3rd Respondent

Mr. Peter Kane

Proposed Cross Respondent

Procedural Posture

Court of Appeal Proceeding / Application for Extension of Time to Bring Cross Appeal

Legal Issues

  1. 1 Whether to grant an extension of time to file a cross-appeal against Mr Kane

Ratio Decidendi

The proposed cross-appeal has insufficient prospects of success, considering the weight of evidence and relevant agreements, to justify granting an extension of time.

Court Disposition

Notice of motion dismissed

Orders

  • Notice of Motion dismissed.
  • Order that Tarrison Pty. Limited pay the costs of the appellants and Mr. Kane of the Notice of Motion.