PYE v BUTTERFIELD CHEESE FACTORY PTY LIMITED [1995] NSWCA 383

PYE v BUTTERFIELD CHEESE FACTORY PTY LIMITED [1995] NSWCA 383

Extension of time granted due to short delay, no prejudice, and importance of legal issue; claimant must pay costs.

Parties
Claimant: PYE; Opponent: BUTTERFIELD CHEESE FACTORY PTY LIMITED
Jurisdiction
Australia
Judgment Date
05 June 1995
Procedural Posture
Summons for Extension of Time to Appeal / Application for Extension of Time
Outcome
Extension of time for appeal granted on terms as to costs.
Legal Topics
Extension of Time to Appeal, Summons for Leave to Appeal
Practice & Procedure Extension of Time to Appeal Summons for Leave to Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

PYE

Claimant

BUTTERFIELD CHEESE FACTORY PTY LIMITED

Opponent

Procedural Posture

Summons for Extension of Time to Appeal / Application for Extension of Time

Legal Issues

  1. 1 Whether extension of time to appeal should be granted

Ratio Decidendi

Extension of time granted due to short delay, no prejudice, and importance of legal issue; claimant must pay costs.

Court Disposition

Extension of time for appeal granted on terms as to costs.

Orders

  • Extension of time to bring appeal from Judge Moran's decision until today's date, deeming notice of appeal filed within time.
  • Claimant to pay opponent's costs of the summons and motion.