Sibir v Glanville [2000] FCA 1630

Sibir v Glanville [2000] FCA 1630

Although the delay was short and no particular prejudice to the respondents was identified, the applicant did not establish reasonable prospects of success or disclose any arguable error of law in Sackville J's reasons; accordingly leave to appeal and an extension of time were refused, with costs awarded to the respondents.

Jurisdiction
Australia
Judgment Date
09 November 2000
Procedural Posture
Application for Extension of Time to File and Serve a Notice of Appeal and for Leave to Appeal / Application Before Tamberlin J Following Judgment of Sackville J Given on 14 August 2000
Outcome
Application refused.
Legal Topics
['extension of Time to Appeal' 'leave to Appeal' 'prospects of Success on Appeal' 'costs']
['civil Procedure' 'appellate Procedure'] ['extension of Time to Appeal' 'leave to Appeal' 'prospects of Success on Appeal' 'costs']

Case Brief

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Procedural Posture

Application for Extension of Time to File and Serve a Notice of Appeal and for Leave to Appeal / Application Before Tamberlin J Following Judgment of Sackville J Given on 14 August 2000

Legal Issues

  1. 1 ['Whether time should be extended to file and serve a notice of appeal from the judgment of Sackville J.' 'Whether leave to appeal should be granted in circumstances where the applicant had not shown reasonable prospects of success or arguable error.' 'Whether costs should follow the event.']

Ratio Decidendi

Although the delay was short and no particular prejudice to the respondents was identified, the applicant did not establish reasonable prospects of success or disclose any arguable error of law in Sackville J's reasons; accordingly leave to appeal and an extension of time were refused, with costs awarded to the respondents.

Court Disposition

Application refused.

Orders

  • ['Leave to appeal refused.' 'Extension of time to file and serve a notice of appeal refused.' 'The respondents are awarded the costs of the application for an extension of time.']