TSEKOURAS v XENOS [1998] NSWCA 239

TSEKOURAS v XENOS [1998] NSWCA 239

There was no error in the exercise of the discretion to refuse an extension of time under s 199 of the Legal Profession Act 1987, and no basis for granting leave to appeal against the judgment.

Parties
Claimant: Con Tsekouras; Opponent: John Xenos
Jurisdiction
Australia
Judgment Date
02 February 1998
Procedural Posture
Application for Leave to Appeal / Application for Leave to Appeal Against Discretionary Judgment and Extension of Time
Outcome
application for leave to appeal and extension of time refused
Legal Topics
Extension of Time, Costs Assessment, Discretionary Appeal
Civil Procedure Extension of Time Costs Assessment Discretionary Appeal

Case Brief

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Parties

Con Tsekouras

Claimant

John Xenos

Opponent

Procedural Posture

Application for Leave to Appeal / Application for Leave to Appeal Against Discretionary Judgment and Extension of Time

Legal Issues

  1. 1 Whether leave to appeal should be granted from a discretionary judgment refusing an extension of time for assessment of costs under s 199 of the Legal Profession Act 1987
  2. 2 Whether there was error in the exercise of discretion regarding extension of time

Ratio Decidendi

There was no error in the exercise of the discretion to refuse an extension of time under s 199 of the Legal Profession Act 1987, and no basis for granting leave to appeal against the judgment.

Court Disposition

application for leave to appeal and extension of time refused

Orders

  • The summons is dismissed with costs.