ARGYROU v MAX GLASS PTY LTD [1993] NSWCA 7

ARGYROU v MAX GLASS PTY LTD [1993] NSWCA 7

Application must be dismissed due to lack of explanation for delay, the differences between newly led evidence and issues litigated at trial, low probability of different verdict, and the small amount at stake versus costs.

Parties
Claimant: Argyrou; Opponent: Max Glass Pty Ltd
Jurisdiction
Australia
Judgment Date
16 August 1993
Procedural Posture
Application for Extension of Time to File Notice of Appeal / Determination of Application
Outcome
application dismissed
Legal Topics
Extension of Time, Admissibility of Fresh Evidence, Delay in Filing, Contract for Sale of Goods
Civil Procedure Extension of Time Admissibility of Fresh Evidence Delay in Filing Contract for Sale of Goods

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Parties

Argyrou

Claimant

Max Glass Pty Ltd

Opponent

Procedural Posture

Application for Extension of Time to File Notice of Appeal / Determination of Application

Legal Issues

  1. 1 whether an extension of time to appeal should be granted
  2. 2 whether fresh evidence should be admitted on appeal
  3. 3 adequacy of explanation for delay

Ratio Decidendi

Application must be dismissed due to lack of explanation for delay, the differences between newly led evidence and issues litigated at trial, low probability of different verdict, and the small amount at stake versus costs.

Court Disposition

application dismissed

Orders

  • application for extension of time dismissed with costs