Nittis v Strand Bags Group Ltd [2006] NSWLC 47

Nittis v Strand Bags Group Ltd [2006] NSWLC 47

The Local Court has discretionary power to extend time for filing an application for rehearing of an arbitration matter, even after the expiry of 28 days and after judgment has been entered, due to statutory interpretation principles and the absence of clear exclusion of such power in the Civil Procedure Act. Confusion as to when judgment took effect justified the exercise of discretion in this case.

Jurisdiction
Australia
Judgment Date
10 November 2006
Procedural Posture
Civil / Interlocutory Application for Extension of Time to File Rehearing Motion
Outcome
application granted
Legal Topics
['extension of Time' 'rehearing Applications' 'arbitration Award' 'setting Aside Judgment']
['civil Procedure'] ['extension of Time' 'rehearing Applications' 'arbitration Award' 'setting Aside Judgment']

Case Brief

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Procedural Posture

Civil / Interlocutory Application for Extension of Time to File Rehearing Motion

Legal Issues

  1. 1 ['Whether the court has power to grant leave to file application for re-hearing of arbitration matter outside the 28 day period' 'Whether a party can file an application for rehearing after the award has taken effect as a judgment' 'Whether an order is required to set aside the judgment if extension is granted']

Ratio Decidendi

The Local Court has discretionary power to extend time for filing an application for rehearing of an arbitration matter, even after the expiry of 28 days and after judgment has been entered, due to statutory interpretation principles and the absence of clear exclusion of such power in the Civil Procedure Act. Confusion as to when judgment took effect justified the exercise of discretion in this case.

Court Disposition

application granted

Orders

  • ['Time for filing application for rehearing extended to date of hearing' 'Application for rehearing deemed filed and granted' 'Effectively the prior judgment is set aside' 'Costs of the Motion to be costs in the cause; further submissions on costs invited']