Crawley v Cochrane [1999] NSWCA 287

The appeal was struck out as incompetent because it required leave under section 101(2)(r) (and possibly section 101(2)(h)) of the Supreme Court Act, and no proper basis for extending the time to seek leave was established.

Parties: Claimant/appellant: Christopher William Crawley; 1st Opponent/respondent: Graham Cochrane (in his capacity as Strata Schemes Adjudicator); 2nd Opponent/respondent: The Owners - Strata Plan No 222481
Jurisdiction: Australia
Judgment Date: 19 July 1999
Procedural Posture: Appeal / Motion for Extension of Time and Competency of Appeal Determination
Outcome: Appeal struck out as incompetent; motion for extension of time to seek leave dismissed; stay of order for 28 days or until determination of any review motion; costs ordered against appellant.
Legal Topics: Appeals, Extension of Time, Competency of Appeal

Civil Procedure Appeals Extension of Time Competency of Appeal

Case Brief

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Parties

Christopher William Crawley

Claimant/appellant

Graham Cochrane (in his capacity as Strata Schemes Adjudicator)

1st Opponent/respondent

The Owners - Strata Plan No 222481

2nd Opponent/respondent

Procedural Posture

Appeal / Motion for Extension of Time and Competency of Appeal Determination

Legal Issues

1 Whether the appeal was competent as of right without leave
2 Whether an extension of time to seek leave to appeal should be granted

Ratio Decidendi

Court Disposition

Appeal struck out as incompetent; motion for extension of time to seek leave dismissed; stay of order for 28 days or until determination of any review motion; costs ordered against appellant.

Orders

Motion for extension of time to seek leave to appeal dismissed
Appeal struck out as incompetent