AVENHOUSE v THE COUNCIL OF THE SHIRE OF HORNSBY [1995] NSWCA 32

AVENHOUSE v THE COUNCIL OF THE SHIRE OF HORNSBY [1995] NSWCA 32

The extension of time for filing the notice of appeal with appointment is granted due to the minor nature of the default and its occasioning by erroneous communication from the court registry; resistance to extension was not meritorious given the circumstances.

Parties
Claimant: Avenhouse; Opponent: The Council of the Shire of Hornsby
Jurisdiction
Australia
Judgment Date
13 November 1995
Procedural Posture
Application for Extension of Time to File Notice of Appeal / Motion Before the Court of Appeal
Outcome
Extension of time granted for filing notice of appeal; costs to abide appeal outcome.
Legal Topics
Extension of Time, Notice of Appeal, Legal Professional Privilege, Waiver of Privilege
Practice and Procedure Legal Practitioners Extension of Time Notice of Appeal Legal Professional Privilege Waiver of Privilege

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Avenhouse

Claimant

The Council of the Shire of Hornsby

Opponent

Procedural Posture

Application for Extension of Time to File Notice of Appeal / Motion Before the Court of Appeal

Legal Issues

  1. 1 Whether an extension of time should be granted for filing a notice of appeal with appointment due to erroneous registry communications
  2. 2 Whether reference to senior counsel's opinion in affidavit amounts to waiver of legal professional privilege

Ratio Decidendi

The extension of time for filing the notice of appeal with appointment is granted due to the minor nature of the default and its occasioning by erroneous communication from the court registry; resistance to extension was not meritorious given the circumstances.

Court Disposition

Extension of time granted for filing notice of appeal; costs to abide appeal outcome.

Orders

  • Vacate any order of Registrar dismissing proceedings for failure to file notice of appeal with hearing or appointment as required in Pt 51 r 5(4) SCR within specified time.
  • Extend time for filing notice of appeal with appointment until 2.00 p.m. this day.