Duraisamy v Sydney Trains [2019] NSWCA 269

Duraisamy v Sydney Trains [2019] NSWCA 269

The applicant failed to provide an adequate explanation for significant delay in lodging applications. There was little to no utility in granting extension. Assertions of justice denied were unsupported and the underlying claim was precluded by the Deed of Release, which the applicant had affirmed. There was no arguable case warranting leave or judicial review, and granting extensions would prejudice the respondent.

Jurisdiction
Australia
Judgment Date
06 November 2019
Procedural Posture
Application for Extension of Time / Leave to Appeal / Judicial Review / Court of Appeal Determination
Outcome
All applications for extension of time refused, all summonses dismissed, costs awarded to the respondent.
Legal Topics
['extension of Time' 'leave to Appeal' 'judicial Review' 'dismissal of Proceedings' 'costs']
['civil Procedure'] ['extension of Time' 'leave to Appeal' 'judicial Review' 'dismissal of Proceedings' 'costs']

Case Brief

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Procedural Posture

Application for Extension of Time / Leave to Appeal / Judicial Review / Court of Appeal Determination

Legal Issues

  1. 1 ['Whether extensions of time should be granted to file summons seeking leave to appeal and for judicial review.' 'Whether adequate explanation for significant delay was provided.' 'Whether there was any utility or arguable case in granting extension of time.']

Ratio Decidendi

The applicant failed to provide an adequate explanation for significant delay in lodging applications. There was little to no utility in granting extension. Assertions of justice denied were unsupported and the underlying claim was precluded by the Deed of Release, which the applicant had affirmed. There was no arguable case warranting leave or judicial review, and granting extensions would prejudice the respondent.

Court Disposition

All applications for extension of time refused, all summonses dismissed, costs awarded to the respondent.

Orders

  • ["In matter 2019/170767: (a) Refuse extension of time to file the summons seeking leave to appeal and dismiss the notice of motion filed 3 July 2019; (b) Dismiss the summons; (c) Applicant to pay respondent's costs of the extension application and the summons seeking leave to appeal including notice of motion...