Panagopoulos & anor v Gryllis & anor [1999] NSWCA 25

Panagopoulos & anor v Gryllis & anor [1999] NSWCA 25

The court granted the extension of time because the delay was minimal and the proposed ground of appeal was bona fide; the absence of the rejected evidence was not fatal to the application at this stage.

Jurisdiction
Australia
Judgment Date
08 February 1999
Procedural Posture
Application for Extension of Time to File Holding Summons for Leave to Appeal / Decision on Notice of Motion for Extension of Time
Outcome
Extension of time granted; claimant to pay opponents' costs
Legal Topics
['extension of Time' 'appeals' 'leave to Appeal']
['civil Procedure'] ['extension of Time' 'appeals' 'leave to Appeal']

Case Brief

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Procedural Posture

Application for Extension of Time to File Holding Summons for Leave to Appeal / Decision on Notice of Motion for Extension of Time

Legal Issues

  1. 1 ['Whether the claimants should be granted an extension of time to file a holding summons for leave to appeal']

Ratio Decidendi

The court granted the extension of time because the delay was minimal and the proposed ground of appeal was bona fide; the absence of the rejected evidence was not fatal to the application at this stage.

Court Disposition

Extension of time granted; claimant to pay opponents' costs

Orders

  • ['Time to file the holding summons for leave to appeal is extended to validate the summons filed on 30 November 1998.' "Claimant to pay the opponents' costs of the motion."]