CONCUT PTY LTD v DAVIS [1994] NSWCA 63
Leave to appeal and extension of time were refused due to a substantial, unexplained delay of about two years, and because any challenge to the interlocutory order is more appropriately made after trial.
- Parties
- Claimant: CONCUT PTY LTD; Respondent: Davis
- Jurisdiction
- Australia
- Judgment Date
- 07 March 1994
- Procedural Posture
- Application for Leave to Appeal and Extension of Time / Application for Leave to Appeal, Pre Trial
- Outcome
- Leave to appeal and motion for extension of time refused. Application dismissed. Costs to be paid by claimant.
- Legal Topics
- Latent Injury, Extension of Time to Sue
Case Brief
Summary, issues, holding and outcome
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Parties
CONCUT PTY LTD
Claimant
Davis
Respondent
Procedural Posture
Application for Leave to Appeal and Extension of Time / Application for Leave to Appeal, Pre Trial
Legal Issues
- 1 Whether leave to appeal should be granted regarding an interlocutory order extending time to sue in light of Electricity Commission of New South Wales v Plumb (1992) 27 NSWLR 364 (CA)
- 2 Whether an extension of time to appeal should be granted after a substantial and unexplained delay
Ratio Decidendi
Leave to appeal and extension of time were refused due to a substantial, unexplained delay of about two years, and because any challenge to the interlocutory order is more appropriately made after trial.
Court Disposition
Leave to appeal and motion for extension of time refused. Application dismissed. Costs to be paid by claimant.
Orders
- Summons dismissed.
- Motion dismissed.
Full Case Text
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