Sim v Sampson (No 2) [2015] FCA 1423

Sim v Sampson (No 2) [2015] FCA 1423

The application was dismissed because the applicant provided no acceptable explanation for the delay, the draft notice of appeal contained no grounds of appeal, no error was apparent in the primary judge's decision, and there was real prejudice to the respondent because the relevant property had been put to public auction and was subject to a binding contract.

Jurisdiction
Australia
Judgment Date
11 December 2015
Procedural Posture
Application for Extension of Time in Which to File a Notice of Appeal / Hearing and Determination
Outcome
Application for Extension of Time dismissed with costs.
Legal Topics
['extension of Time to Appeal' 'delay' 'grounds of Appeal' 'prejudice' 'costs']
['civil Procedure' 'appellate Procedure'] ['extension of Time to Appeal' 'delay' 'grounds of Appeal' 'prejudice' 'costs']

Case Brief

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Procedural Posture

Application for Extension of Time in Which to File a Notice of Appeal / Hearing and Determination

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time in which to file a notice of appeal.' 'Whether the applicant provided an acceptable explanation for the delay.' "Whether the draft notice of appeal disclosed grounds of appeal or apparent error in the primary judge's decision." 'Whether granting the application would prejudice the respondent.']

Ratio Decidendi

The application was dismissed because the applicant provided no acceptable explanation for the delay, the draft notice of appeal contained no grounds of appeal, no error was apparent in the primary judge's decision, and there was real prejudice to the respondent because the relevant property had been put to public auction and was subject to a binding contract.

Court Disposition

Application for Extension of Time dismissed with costs.

Orders

  • ['The Application for Extension of Time filed by the applicant on 21 October 2015 be dismissed.' "The applicant pay the respondent's costs of and incidental to the Application for Extension of Time."]