GREEN v CUTMORE [1991] NSWCA 127

GREEN v CUTMORE [1991] NSWCA 127

Due to the significant delay, claimant's apparent involvement in his own affairs, and prejudice to both the first and second opponents, the balance of justice and prejudice does not favour granting an extension of time for appeal.

Parties
Claimant: Green; First Opponent / Plaintiff in Original Action: Rita Cutmore; Second Opponents / Defendants to Cross Claim: Second opponents (insurance brokers)
Jurisdiction
Australia
Judgment Date
22 April 1991
Procedural Posture
Application for Extension of Time to Appeal / Decision on Motion for Extension of Time to Appeal
Outcome
Application dismissed
Legal Topics
Extension of Time to Appeal, Prejudice, Liability of Solicitors, Judgment Enforcement
Civil Procedure Extension of Time to Appeal Prejudice Liability of Solicitors Judgment Enforcement

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Parties

Green

Claimant

Rita Cutmore

First Opponent / Plaintiff in Original Action

Second opponents (insurance brokers)

Second Opponents / Defendants to Cross Claim

Procedural Posture

Application for Extension of Time to Appeal / Decision on Motion for Extension of Time to Appeal

Legal Issues

  1. 1 Whether an extension of time to appeal should be granted despite a delay of over three years
  2. 2 Whether prejudice to other parties outweighs reasons for granting an extension

Ratio Decidendi

Due to the significant delay, claimant's apparent involvement in his own affairs, and prejudice to both the first and second opponents, the balance of justice and prejudice does not favour granting an extension of time for appeal.

Court Disposition

Application dismissed

Orders

  • Motion is dismissed with costs
  • Registrar of the Court of Appeal to send the papers to the Law Society for investigation into the conduct of all solicitors involved