FLORA CHIAVERINI v GORDON HOCKEY [1990] NSWCA 40

FLORA CHIAVERINI v GORDON HOCKEY [1990] NSWCA 40

Time for lodging the appeal was extended having regard to the difficulties faced in obtaining the transcript, the substantial nature of the appeal, absence of special prejudice to the opponent, and reasonable explanation for delay; costs of the application for extension are to be paid by the claimant, but with expectation that the solicitor bears these costs.

Parties
Claimant: Flora Chiaverini; Opponent: Gordon Hockey
Jurisdiction
Australia
Judgment Date
13 December 1990
Procedural Posture
Appeal / Application for Extension of Time to Appeal
Outcome
Extension of time granted
Legal Topics
Extension of Time for Appeal, Nervous Shock Claims, Costs Orders Against Solicitors
Civil Procedure Extension of Time for Appeal Nervous Shock Claims Costs Orders Against Solicitors

Case Brief

Summary, issues, holding and outcome

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Parties

Flora Chiaverini

Claimant

Gordon Hockey

Opponent

Procedural Posture

Appeal / Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether the time for lodging an appeal should be extended given the delay and the circumstances
  2. 2 Who should bear the costs occasioned by the application for extension

Ratio Decidendi

Time for lodging the appeal was extended having regard to the difficulties faced in obtaining the transcript, the substantial nature of the appeal, absence of special prejudice to the opponent, and reasonable explanation for delay; costs of the application for extension are to be paid by the claimant, but with expectation that the solicitor bears these costs.

Court Disposition

Extension of time granted

Orders

  • Time for filing appeal extended until 14 December 1990 at 4 pm against orders of Gallen J of 1 and 2 August 1990
  • Claimant to pay opponent's costs of and incidental to the motion for extension of time, expectation that solicitor bears these costs