NORCO CO-OPERATIVE LIMITED v AUSTRALIAN CO-OPERATIVE FOODS LIMITED [1999] NSWCA 412

NORCO CO-OPERATIVE LIMITED v AUSTRALIAN CO-OPERATIVE FOODS LIMITED [1999] NSWCA 412

The claimant failed to satisfactorily explain the delay in seeking an extension of time to appeal, particularly the period between May and September 1999. The asserted commercial negotiations do not constitute a sufficient reason. There is no sufficient injustice demonstrated to warrant exercising the discretion to extend time. Accordingly, the notice of motion is dismissed.

Parties
Claimant: Norco Co-Operative Limited; Opponent: Australian Co-Operative Foods Limited
Jurisdiction
Australia
Judgment Date
08 November 1999
Procedural Posture
Notice of Motion / Court of Appeal Judgment on Application to Extend Time to Appeal and Stay Order Pending Appeal
Outcome
Application dismissed with costs
Legal Topics
Extension of Time to Appeal, Stay of Orders, Commercial Disputes, Contempt of Court
Civil Procedure Extension of Time to Appeal Stay of Orders Commercial Disputes Contempt of Court

Case Brief

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Parties

Norco Co-Operative Limited

Claimant

Australian Co-Operative Foods Limited

Opponent

Procedural Posture

Notice of Motion / Court of Appeal Judgment on Application to Extend Time to Appeal and Stay Order Pending Appeal

Legal Issues

  1. 1 Whether the time for appealing the orders of Bryson J should be extended
  2. 2 Whether order number 1 made by Bryson J should be stayed pending the determination of the appeal or further order

Ratio Decidendi

The claimant failed to satisfactorily explain the delay in seeking an extension of time to appeal, particularly the period between May and September 1999. The asserted commercial negotiations do not constitute a sufficient reason. There is no sufficient injustice demonstrated to warrant exercising the discretion to extend time. Accordingly, the notice of motion is dismissed.

Court Disposition

Application dismissed with costs

Orders

  • Notice of motion dismissed
  • Costs awarded against the claimant