ZAMORA v ROUSSOS [1995] NSWCA 535

ZAMORA v ROUSSOS [1995] NSWCA 535

The Court of Appeal possesses the inherent power to grant an extension of time to file and prosecute an appeal when the time default is brief, no actual prejudice is demonstrated by the opponent, some explanation for delay is present, and only part of the judgment is at issue.

Parties
Claimant: Zamora; Opponent: Roussos
Jurisdiction
Australia
Judgment Date
20 March 1995
Procedural Posture
Appeal / Application for Extension of Time to Bring Appeal
Outcome
Application for extension of time granted.
Legal Topics
Extension of Time, Appeals, Inherent Power, Court of Appeal Practice
Civil Procedure Extension of Time Appeals Inherent Power Court of Appeal Practice

Case Brief

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Parties

Zamora

Claimant

Roussos

Opponent

Procedural Posture

Appeal / Application for Extension of Time to Bring Appeal

Legal Issues

  1. 1 Whether the Court of Appeal has power under the rules or inherent power to grant leave to revive or proceed with an appeal after time has lapsed.
  2. 2 Whether the extension of time to file a notice of appeal should be granted in the circumstances.

Ratio Decidendi

The Court of Appeal possesses the inherent power to grant an extension of time to file and prosecute an appeal when the time default is brief, no actual prejudice is demonstrated by the opponent, some explanation for delay is present, and only part of the judgment is at issue.

Court Disposition

Application for extension of time granted.

Orders

  • Claimants have leave, within seven days, to file a notice of appeal with apportionment and to serve it upon the solicitor for the opponent within that time.
  • Claimants must pay the opponent's costs of and incidental to the motion.