AZURE 10-16 MARQUET STREET RHODES PTY LTD v LAU [2012] NSWCA 299

The application for extension of time is dismissed due to gross and unsatisfactorily explained delay, lack of strong arguable grounds for appeal, and prejudice to respondents kept from their entitlement.

Parties: Applicant: Altaf Bhanji; First Respondent: Yan Fai Lau; Second Respondent: Suet Wang Cheung; Third Respondent: Lawrence Nguyen; Fourth Respondent: Joseph Sue; Fifth Respondent: Chi Thuy Vu
Jurisdiction: Australia
Judgment Date: 14 September 2012
Procedural Posture: Interlocutory Applications / Application for Extension of Time to Seek Leave to Appeal
Outcome: Application for extension of time dismissed with costs.
Legal Topics: Extension of Time, Appeals, Delay, Prejudice

Civil Procedure Extension of Time Appeals Delay Prejudice

Case Brief

Summary, issues, holding and outcome

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Parties

Altaf Bhanji

Applicant

Yan Fai Lau

First Respondent

Suet Wang Cheung

Second Respondent

Lawrence Nguyen

Third Respondent

Joseph Sue

Fourth Respondent

Chi Thuy Vu

Fifth Respondent

Procedural Posture

Interlocutory Applications / Application for Extension of Time to Seek Leave to Appeal

Legal Issues

1 Whether an extension of time should be granted for filing of a summons seeking leave to appeal
2 Whether the applicant has a reasonably arguable case on appeal
3 Whether the explanation for delay is satisfactory

Ratio Decidendi

Court Disposition

Application for extension of time dismissed with costs.

Orders

The application for an extension of time made by the notice of motion of 20 July 2012 and now pursued alone by Mr Bhanji is dismissed with costs.