AUSTIN v NEW SOUTH WALES PERMANENT INSURANCE PTY LTD [1989] NSWCA 8

Justice requires that the claimants should have an opportunity to file and contest their appeal, in absence of demonstrated prejudice to the opponent.

Parties: Claimant: Austin; Opponent: New South Wales Permanent Insurance Pty Ltd
Jurisdiction: Australia
Judgment Date: 29 May 1989
Procedural Posture: Application for Extension of Time to Appeal / Court of Appeal Determination
Outcome: application for extension of time in which to appeal allowed
Legal Topics: Extension of Time, Appeal Procedure

Practice and Procedure Extension of Time Appeal Procedure

Case Brief

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Parties

Austin

Claimant

New South Wales Permanent Insurance Pty Ltd

Opponent

Procedural Posture

Application for Extension of Time to Appeal / Court of Appeal Determination

Legal Issues

1 Whether claimants should be granted an extension of time to file appeal against judgment dismissing their claim for indemnity under insurance policy

Ratio Decidendi

Justice requires that the claimants should have an opportunity to file and contest their appeal, in absence of demonstrated prejudice to the opponent.

Court Disposition

application for extension of time in which to appeal allowed

Orders

Extension of time for filing appeal until 4 pm on Wednesday 31 May 1989
Claimants must pay opponent's costs of application, except for those of 17 April and 20 March