PRESTIA v AKNAR [1995] NSWCA 378

PRESTIA v AKNAR [1995] NSWCA 378

In circumstances where there is a strongly arguable error in part of the damages awarded and the applicant sought, albeit incorrectly, to challenge judgment within time, time to appeal is extended on condition of payment of the undisputed sum.

Parties
Claimant: Joseph Anthony Prestia; Opponent: Atila Aknar; Opponent: Andre Soussa
Jurisdiction
Australia
Judgment Date
24 July 1995
Procedural Posture
Summons for Extension of Time to Appeal / Application for Extension of Time After Judgment and Dismissal of Set Aside Application
Outcome
Extension of time granted on conditions; execution stayed on balance; costs ordered against claimant
Legal Topics
Extension of Time, Appeal, Judgment Enforcement, Damages Assessment
Civil Procedure Extension of Time Appeal Judgment Enforcement Damages Assessment

Case Brief

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Parties

Joseph Anthony Prestia

Claimant

Atila Aknar

Opponent

Andre Soussa

Opponent

Procedural Posture

Summons for Extension of Time to Appeal / Application for Extension of Time After Judgment and Dismissal of Set Aside Application

Legal Issues

  1. 1 Whether time for filing a notice of appeal from the District Court judgment should be extended
  2. 2 Whether there has been error in the assessment of interest and damages for loss of use of a motor vehicle

Ratio Decidendi

In circumstances where there is a strongly arguable error in part of the damages awarded and the applicant sought, albeit incorrectly, to challenge judgment within time, time to appeal is extended on condition of payment of the undisputed sum.

Court Disposition

Extension of time granted on conditions; execution stayed on balance; costs ordered against claimant

Orders

  • Time to lodge notice of appeal from judgment of 19 April 1995 extended up to and including 7 August 1995 on condition claimant pays $144,074 to each opponent before that date.
  • Execution on the balance of the judgment sum of $26,794 stayed conditional upon payment of $144,074 to each opponent by 7 August 1995.