MALAN v SILVAS [NO 1] [1991] NSWCA 185

MALAN v SILVAS [NO 1] [1991] NSWCA 185

Because Mr Malan, as an unrepresented litigant, faces evident difficulties and because there was no prejudice to Mr Silvas from the delay, the extension of time for filing the appeal was justified and granted.

Parties
Claimant: John Malan; Opponent: Theodore Silvas
Jurisdiction
Australia
Judgment Date
26 August 1991
Procedural Posture
Motion / Application for Extension of Time to Appeal
Outcome
Extension of time granted for filing notice of appeal.
Legal Topics
Extension of Time, Unrepresented Litigant, Right of Appeal
Practice and Procedure Extension of Time Unrepresented Litigant Right of Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

John Malan

Claimant

Theodore Silvas

Opponent

Procedural Posture

Motion / Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether an extension of time should be granted to an unrepresented litigant to file a notice of appeal out of time

Ratio Decidendi

Because Mr Malan, as an unrepresented litigant, faces evident difficulties and because there was no prejudice to Mr Silvas from the delay, the extension of time for filing the appeal was justified and granted.

Court Disposition

Extension of time granted for filing notice of appeal.

Orders

  • Leave granted to John Malan to file notice of appeal; the filing is deemed within time.
  • Appeal to be heard with expedition (category C), likely in February 1992 or shortly thereafter, date to be fixed by Registrar subject to compliance with Rules.