KNIGHT and ORS v PLIMER and ORS [1997] NSWCA 179

KNIGHT and ORS v PLIMER and ORS [1997] NSWCA 179

The time for filing the summons should be extended as sought, but leave to appeal is refused because no error in the original judgment has been demonstrated.

Parties
Knight and ORS; Plimer and ORS
Jurisdiction
Australia
Judgment Date
11 November 1997
Procedural Posture
Application for Leave to Appeal / Application for Leave and Extension of Time
Outcome
Application for leave to appeal dismissed with costs. Time for filing summons extended as sought.

Case Brief

Summary, issues, holding and outcome

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Parties

Knight and ORS

Plimer and ORS

Procedural Posture

Application for Leave to Appeal / Application for Leave and Extension of Time

Legal Issues

  1. 1 Whether time for filing summons should be extended
  2. 2 Whether error has been shown in the judgment below

Ratio Decidendi

The time for filing the summons should be extended as sought, but leave to appeal is refused because no error in the original judgment has been demonstrated.

Court Disposition

Application for leave to appeal dismissed with costs. Time for filing summons extended as sought.

Orders

  • Time for filing the summons extended in the manner sought
  • Application for leave to appeal dismissed with costs