Benz v P D Mortgage Services Pty Ltd [1999] FCA 153

No explanation for delay and no appealable error is identified; the application for extension of time and leave to appeal does not satisfy the relevant tests, and thus must be refused.

Jurisdiction: Australia
Judgment Date: 19 February 1999
Procedural Posture: Appeal / Application for Extension of Time and Leave to Appeal From Interlocutory Orders
Outcome: Application for extension of time refused; notice of motion dismissed with costs.
Legal Topics: ['extension of Time' 'leave to Appeal' 'interlocutory Orders' 'dismissal of Proceedings' 'costs']

['civil Procedure'] ['extension of Time' 'leave to Appeal' 'interlocutory Orders' 'dismissal of Proceedings' 'costs']

Case Brief

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Procedural Posture

Appeal / Application for Extension of Time and Leave to Appeal From Interlocutory Orders

Legal Issues

1 ['Whether extension of time to seek leave to appeal should be granted' 'Whether leave to appeal from interlocutory orders should be granted' 'Whether there was legal error in exercise of discretion by trial judge']

Ratio Decidendi

No explanation for delay and no appealable error is identified; the application for extension of time and leave to appeal does not satisfy the relevant tests, and thus must be refused.

Court Disposition

Application for extension of time refused; notice of motion dismissed with costs.

Orders

['The application for extension of time within which to seek leave to appeal is refused.' 'The notice of motion filed 20 November 1998 is dismissed with costs, including reserved costs, to be taxed if not agreed.']