GRIFFITHS v McDONALD [1990] NSWCA 80

GRIFFITHS v McDONALD [1990] NSWCA 80

The actual date of the orders was 31 October, making the notice of appeal filed within time. Thus, the strictly unnecessary application is granted to regularise the matter, with no real basis to refuse relief.

Parties
Claimant: Griffiths; Opponent: McDonald
Jurisdiction
Australia
Judgment Date
11 February 1990
Procedural Posture
Application to Extend Time for Filing Notice of Appeal / Motion Before the Court of Appeal
Outcome
extension of time granted
Legal Topics
Extension of Time, Notice of Appeal, Procedural Compliance
Civil Procedure Wills and Estates Extension of Time Notice of Appeal Procedural Compliance

Case Brief

Summary, issues, holding and outcome

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Parties

Griffiths

Claimant

McDonald

Opponent

Procedural Posture

Application to Extend Time for Filing Notice of Appeal / Motion Before the Court of Appeal

Legal Issues

  1. 1 Whether the application for extension of time to file a notice of appeal was necessary
  2. 2 Whether the notice of appeal disclosed any real prospects of success
  3. 3 Whether failure to comply with ancillary orders justified refusing relief

Ratio Decidendi

The actual date of the orders was 31 October, making the notice of appeal filed within time. Thus, the strictly unnecessary application is granted to regularise the matter, with no real basis to refuse relief.

Court Disposition

extension of time granted

Orders

  • Time for filing the notice of appeal extended to 4 pm on the day of the judgment.
  • Costs of the motion shall be costs in the appeal.