SWE-LAND ENTERPRISES PTY LTD v VENTURE INDUSTRIES PTY LTD [1989] NSWCA 203

There was no material before the Court which justifies the delay in seeking leave to appeal, and the burden to explain the delay was not discharged by the claimant.

Parties: Claimant: SWE-LAND ENTERPRISES PTY LTD; Opponent: VENTURE INDUSTRIES PTY LTD
Jurisdiction: Australia
Judgment Date: 06 November 1989
Procedural Posture: Application / Application for Extension of Time for Leave to Appeal
Outcome: motion and summons dismissed with costs
Legal Topics: Extension of Time, Appeals, Building Disputes

Civil Procedure Extension of Time Appeals Building Disputes

Case Brief

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Parties

SWE-LAND ENTERPRISES PTY LTD

Claimant

VENTURE INDUSTRIES PTY LTD

Opponent

Procedural Posture

Application / Application for Extension of Time for Leave to Appeal

Legal Issues

1 Whether the claimant has justified their delay in seeking leave to appeal beyond the prescribed time.

Ratio Decidendi

There was no material before the Court which justifies the delay in seeking leave to appeal, and the burden to explain the delay was not discharged by the claimant.

Court Disposition

motion and summons dismissed with costs

Orders

The motion for extension of time is dismissed with costs.
The summons for leave to appeal is dismissed with costs.