McEvoy v Wagglens Pty Ltd [2020] NSWSC 575

McEvoy v Wagglens Pty Ltd [2020] NSWSC 575

Although the plaintiff had a plausible explanation for late filing and a fairly arguable case based on the magistrate's incomplete consideration of his submissions and the relevant strike out principles, leave to appeal was refused because the dismissal of the statement of claim was inevitable on the material and remittal would be futile; there was no reasonably clear injustice going beyond what was merely arguable.

Jurisdiction
Australia
Judgment Date
15 May 2020
Procedural Posture
Appeal From Local Court to Supreme Court / Application for Extension of Time to Appeal and Leave to Appeal Interlocutory Order
Outcome
Extension of time granted; leave to appeal refused; plaintiff ordered to pay the defendants' costs.
Legal Topics
['extension of Time to Appeal' 'leave to Appeal Interlocutory Judgment' 'strike Out and Summary Dismissal' 'limitation Period for Contract Claims' 'employment Underpayment Claim']
['civil Procedure' 'appeals' 'employment Contract' 'limitation of Actions'] ['extension of Time to Appeal' 'leave to Appeal Interlocutory Judgment' 'strike Out and Summary Dismissal' 'limitation Period for Contract Claims' 'employment Underpayment Claim']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal From Local Court to Supreme Court / Application for Extension of Time to Appeal and Leave to Appeal Interlocutory Order

Legal Issues

  1. 1 ['Whether time should be extended for the plaintiff to file an appeal from the Local Court decision of 4 December 2018.' "Whether leave should be granted to appeal the Local Court order dismissing the plaintiff's notice of motion." "Whether the magistrate's failure to address all relevant principles and submissions warranted remittal or appellate intervention." "Whether remitting the matter for rehearing would be futile because dismissal of the plaintiff's statement of claim was inevitable."]

Ratio Decidendi

Although the plaintiff had a plausible explanation for late filing and a fairly arguable case based on the magistrate's incomplete consideration of his submissions and the relevant strike out principles, leave to appeal was refused because the dismissal of the statement of claim was inevitable on the material and remittal would be futile; there was no reasonably clear injustice going beyond what was merely arguable.

Court Disposition

Extension of time granted; leave to appeal refused; plaintiff ordered to pay the defendants' costs.

Orders

  • ["Grant leave to extend the time within which the plaintiff may file an appeal from the decision of the magistrate of 4 December 2018, so the plaintiff's application filed on 11 February 2019 is deemed to be filed in time;" "Refuse leave to appeal the order made in the Local Court at Hornsby on 4 December 2018...