BUTTON v GAJDACS [1996] NSWCA 84

BUTTON v GAJDACS [1996] NSWCA 84

The explanation offered for the delay in filing the appeal was not satisfactory, and extension of time would cause significant prejudice to the opponent which is not outweighed by the prospective merit of the appeal.

Parties
Claimant: Button; Opponent: Gajdacs
Jurisdiction
Australia
Judgment Date
03 June 1996
Procedural Posture
Application to Extend Time to Appeal / Appellate—interlocutory
Outcome
application dismissed
Legal Topics
Extension of Time to Appeal, Prejudice, Appeal Prospects, Costs (indemnity Basis)
Civil Procedure Extension of Time to Appeal Prejudice Appeal Prospects Costs (indemnity Basis)

Case Brief

Summary, issues, holding and outcome

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Parties

Button

Claimant

Gajdacs

Opponent

Procedural Posture

Application to Extend Time to Appeal / Appellate—interlocutory

Legal Issues

  1. 1 Whether time to appeal should be extended under the circumstances
  2. 2 Whether explanation for the delay is satisfactory
  3. 3 Whether prejudice to the opponent outweighs prospects of appeal

Ratio Decidendi

The explanation offered for the delay in filing the appeal was not satisfactory, and extension of time would cause significant prejudice to the opponent which is not outweighed by the prospective merit of the appeal.

Court Disposition

application dismissed

Orders

  • Application for extension of time to appeal is dismissed
  • Claimant to pay opponent's costs on an indemnity basis