BOSEVSKI v BAGHDAI [1995] NSWCA 55

BOSEVSKI v BAGHDAI [1995] NSWCA 55

The prejudice relied upon by the defendant was not sufficient to warrant refusing extension of time; extension granted.

Parties
Plaintiff: BOSEVSKI; Defendant: BAGHDAI
Jurisdiction
Australia
Judgment Date
23 October 1995
Procedural Posture
Application for Extension of Time to Appeal / Application Determination
Outcome
Extension of time to file Notice of Appeal granted; claimant to pay costs of application.
Legal Topics
Extension of Time to Appeal, Prejudice to Respondent, Compliance With Rules
Civil Procedure Extension of Time to Appeal Prejudice to Respondent Compliance With Rules

Case Brief

Summary, issues, holding and outcome

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Parties

BOSEVSKI

Plaintiff

BAGHDAI

Defendant

Procedural Posture

Application for Extension of Time to Appeal / Application Determination

Legal Issues

  1. 1 Whether extension of time for filing Notice of Appeal should be granted
  2. 2 Whether defendant would suffer prejudice if extension is granted

Ratio Decidendi

The prejudice relied upon by the defendant was not sufficient to warrant refusing extension of time; extension granted.

Court Disposition

Extension of time to file Notice of Appeal granted; claimant to pay costs of application.

Orders

  • Extension of time to file Notice of Appeal until 4 pm, 30th October 1995
  • Claimant to pay costs of the application