GRIFFITHS v McDONALD [1991] NSWCA 130

Application stood over for one week to allow applicant to file and serve an affidavit explaining the delay; costs of the today's hearing to be paid by the applicant.

Parties: Applicant: Griffiths; Respondent: McDonald
Jurisdiction: Australia
Judgment Date: 04 February 1991
Procedural Posture: Application for Extension of Time to File Notice of Appeal / Interlocutory
Outcome: Application adjourned for one week to allow affidavit to be filed and served; costs of the day to be paid by applicant.
Legal Topics: Extension of Time, Notice of Appeal, Affidavit Evidence, Costs

Civil Procedure Extension of Time Notice of Appeal Affidavit Evidence Costs

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Parties

Griffiths

Applicant

McDonald

Respondent

Procedural Posture

Application for Extension of Time to File Notice of Appeal / Interlocutory

Legal Issues

1 Whether an extension of time should be granted for filing notice of appeal given the lack of adequate explanation for the delay.

Ratio Decidendi

Application stood over for one week to allow applicant to file and serve an affidavit explaining the delay; costs of the today's hearing to be paid by the applicant.

Court Disposition

Application adjourned for one week to allow affidavit to be filed and served; costs of the day to be paid by applicant.

Orders

Application stood over for one week.
Applicant to file and serve affidavit by Thursday afternoon.