MOUNT v WILLIAMS [1988] NSWCA 97

MOUNT v WILLIAMS [1988] NSWCA 97

A sufficient and candid explanation was given for the delay, principally due to solicitor's illness and inexperience. Since no prejudice was caused to the opponent and proper explanation is provided, an extension of time to appeal should be granted.

Parties
Claimant: Mount; Opponent: Williams
Jurisdiction
Australia
Judgment Date
27 June 1988
Procedural Posture
Motion for Extension of Time to Appeal / Interlocutory Application in the Court of Appeal
Outcome
Extension of time to appeal granted
Legal Topics
Extension of Time, Appeal Process, Explanation for Delay
Civil Procedure Extension of Time Appeal Process Explanation for Delay

Case Brief

Summary, issues, holding and outcome

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Parties

Mount

Claimant

Williams

Opponent

Procedural Posture

Motion for Extension of Time to Appeal / Interlocutory Application in the Court of Appeal

Legal Issues

  1. 1 Whether the applicant provided sufficient explanation for delay in filing notice of appeal seven weeks out of time
  2. 2 Whether extension of time to appeal should be granted

Ratio Decidendi

A sufficient and candid explanation was given for the delay, principally due to solicitor's illness and inexperience. Since no prejudice was caused to the opponent and proper explanation is provided, an extension of time to appeal should be granted.

Court Disposition

Extension of time to appeal granted

Orders

  • The claimant has until 4:00 p.m. on Tuesday 29 June 1988 to file a notice of appeal.
  • The claimant must pay the opponent's costs of and incidental to the motion.