E Ryan and Sons Limited v Rounsevell [1910] HCA 2

E Ryan and Sons Limited v Rounsevell [1910] HCA 2

The copy of the notice of appeal was not filed within the prescribed time as required by the High Court Rules, and the Court has no power to extend or abridge that time unless an appeal has been properly brought by filing within time.

Parties
Appellant: E. Ryan & Sons Limited; Respondent: William Benjamin Rounsevell
Jurisdiction
Australia
Judgment Date
12 March 1910
Procedural Posture
Appeal / Application to Extend Time for Filing Notice of Appeal in High Court
Outcome
application dismissed with costs
Legal Topics
Appeal Procedure, Extension of Time, Filing Requirements
Civil Procedure Appeal Procedure Extension of Time Filing Requirements

Case Brief

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Parties

E. Ryan & Sons Limited

Appellant

William Benjamin Rounsevell

Respondent

Procedural Posture

Appeal / Application to Extend Time for Filing Notice of Appeal in High Court

Legal Issues

  1. 1 Whether the notice of appeal was filed within the prescribed time in the High Court
  2. 2 Whether the High Court can extend time for filing the notice of appeal beyond that prescribed by the Rules

Ratio Decidendi

The copy of the notice of appeal was not filed within the prescribed time as required by the High Court Rules, and the Court has no power to extend or abridge that time unless an appeal has been properly brought by filing within time.

Court Disposition

application dismissed with costs

Orders

  • Summons dismissed with costs.
  • Applicants to pay costs.