Chor Sing Ma v Plaza Car Park Pty Ltd [2010] FCA 783

Chor Sing Ma v Plaza Car Park Pty Ltd [2010] FCA 783

The extension of time was granted because the failure to lodge the notice of appeal within time was attributable to the applicants' legal advisers, not to the applicants, and the proposed grounds of appeal were not unarguable when considered collectively.

Jurisdiction
Australia
Judgment Date
19 July 2010
Procedural Posture
Application for Extension of Time to File Notice of Appeal / Application Heard on 19 July 2010
Outcome
Extension of time granted; security for costs ordered; appeal stayed until security is provided.
Legal Topics
['extension of Time to Appeal' 'delay Caused by Legal Advisers' 'arguable Grounds of Appeal' 'security for Costs' 'constructive Trust' 'equitable Compensation' 'breach of Fiduciary Duty']
['practice and Procedure' 'equity'] ['extension of Time to Appeal' 'delay Caused by Legal Advisers' 'arguable Grounds of Appeal' 'security for Costs' 'constructive Trust' 'equitable Compensation' 'breach of Fiduciary Duty']

Case Brief

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Procedural Posture

Application for Extension of Time to File Notice of Appeal / Application Heard on 19 July 2010

Legal Issues

  1. 1 ['Whether time should be extended to file a notice of appeal from orders made on 1 June 2010.' 'Whether the delay in filing the notice of appeal was attributable to the parties or to their legal advisers.' 'Whether the proposed notice of appeal disclosed arguable grounds of appeal.']

Ratio Decidendi

The extension of time was granted because the failure to lodge the notice of appeal within time was attributable to the applicants' legal advisers, not to the applicants, and the proposed grounds of appeal were not unarguable when considered collectively.

Court Disposition

Extension of time granted; security for costs ordered; appeal stayed until security is provided.

Orders

  • ['The time within which the applicants have to file a notice of appeal be extended to Thursday, 22 July 2010.' "The applicants pay the respondents' costs of and incidental to the application for an extension of time." "The applicants provide an amount of $20,625 as security for the respondents' costs pursuant to...