SKINNER v BARAC [1995] NSWCA 433

Extension of time to file the appeal should be granted as the delay was short and at least partly explained, and the right to appeal should not be hindered solely by the time default.

Parties: Claimant: Skinner; Opponent: Barac
Jurisdiction: Australia
Judgment Date: 27 March 1995
Procedural Posture: Application for Extension of Time to Appeal / Single Judge Motion (court of Appeal, Pre Hearing)
Outcome: Extension of time granted upon conditions.
Legal Topics: Extension of Time to Appeal, Damages Assessment, Appeal Procedures

Practice and Procedure Extension of Time to Appeal Damages Assessment Appeal Procedures

Case Brief

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Parties

Skinner

Claimant

Barac

Opponent

Procedural Posture

Application for Extension of Time to Appeal / Single Judge Motion (court of Appeal, Pre Hearing)

Legal Issues

1 Whether an extension of time to file an appeal against a District Court damages judgment should be granted.

Ratio Decidendi

Extension of time to file the appeal should be granted as the delay was short and at least partly explained, and the right to appeal should not be hindered solely by the time default.

Court Disposition

Extension of time granted upon conditions.

Orders

Time for filing notice of appeal extended until 4.00 pm on Tuesday, 28 March 1995.
Claimant to pay opponent's costs of the motion.