Josef & Sons Contracting Pty Limited v Sidney Mabbett bhnf Noelene Apiata & Anor [2007] NSWCA 237

Josef & Sons Contracting Pty Limited v Sidney Mabbett bhnf Noelene Apiata & Anor [2007] NSWCA 237

The Court found that no error of principle or unreasonable exercise of discretion by the trial judge had been demonstrated in either granting leave or in the costs order.

Parties
Claimant: Josef & Sons Contracting Pty Limited; First Opponent: Sidney Mabbett bhnf Noelene Apiata; Second Opponent: New South Wales Land and Housing Corporation
Jurisdiction
Australia
Judgment Date
31 August 2007
Procedural Posture
Appeal / Application for Leave to Appeal
Outcome
Leave to appeal refused
Legal Topics
Leave to Appeal, Extension of Limitation Period, Costs Discretion
Civil Procedure Leave to Appeal Extension of Limitation Period Costs Discretion

Case Brief

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Parties

Josef & Sons Contracting Pty Limited

Claimant

Sidney Mabbett bhnf Noelene Apiata

First Opponent

New South Wales Land and Housing Corporation

Second Opponent

Procedural Posture

Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in granting leave to proceed on the Statement of Claim despite expiration of the limitation period
  2. 2 Whether the trial judge erred in the exercise of discretion in awarding costs

Ratio Decidendi

The Court found that no error of principle or unreasonable exercise of discretion by the trial judge had been demonstrated in either granting leave or in the costs order.

Court Disposition

Leave to appeal refused

Orders

  • Leave to appeal refused
  • The claimant is to pay the first opponent's costs of the Summons for Leave to Appeal and such costs as were incurred in the preparation of submissions as if on appeal