Supertex Industries Pty Limited v McTernan [1999] NSWCA 76

Supertex Industries Pty Limited v McTernan [1999] NSWCA 76

On balance, extension of time to appeal should be granted as some grounds may raise questions of law, but it is to be accompanied by orders for costs in favour of the opponent due to demonstrated special prejudice.

Parties
Claimant: Supertex Industries Pty Limited; Opponent: Eula Doone McTernan
Jurisdiction
Australia
Judgment Date
29 March 1999
Procedural Posture
Application for Extension of Time to Appeal / Decision on Application for Extension of Time
Outcome
Extension of time to appeal granted, subject to conditions
Legal Topics
Extension of Time, Costs, Appeal Rights
Civil Procedure Extension of Time Costs Appeal Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2
Sign in to unlock

Parties

Supertex Industries Pty Limited

Claimant

Eula Doone McTernan

Opponent

Procedural Posture

Application for Extension of Time to Appeal / Decision on Application for Extension of Time

Legal Issues

  1. 1 Whether the claimant should be granted an extension of time to appeal
  2. 2 Whether the grounds of appeal raise questions of law
  3. 3 Whether special prejudice to opponent weighs against extension

Ratio Decidendi

On balance, extension of time to appeal should be granted as some grounds may raise questions of law, but it is to be accompanied by orders for costs in favour of the opponent due to demonstrated special prejudice.

Court Disposition

Extension of time to appeal granted, subject to conditions

Orders

  • Time for claimant to file a notice of appeal (with appointment) extended to 4pm on 1 April 1999.
  • Claimant to pay opponent's costs of motion.