LAKE v GROSVENOR PLACE PTY LTD [1996] NSWCA 312
The application for extension of time should be dismissed due to lengthy and unexplained delay, and lack of authority from one claimant to institute proceedings; other grounds advanced do not overcome these fundamental defaults.
- Parties
- Claimant: Stephen Lake; Claimant: Michael Greenwood; Defendant: Grosvenor Place Pty Ltd
- Jurisdiction
- Australia
- Judgment Date
- 03 June 1996
- Procedural Posture
- Application for Extension of Time for Notice of Appeal / Court of Appeal Determination of Motion to Extend Time
- Outcome
- Notice of motion dismissed with costs.
- Legal Topics
- Extension of Time, Notice of Appeal, Authority to Institute Proceedings
Case Brief
Summary, issues, holding and outcome
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Parties
Stephen Lake
Claimant
Michael Greenwood
Claimant
Grosvenor Place Pty Ltd
Defendant
Procedural Posture
Application for Extension of Time for Notice of Appeal / Court of Appeal Determination of Motion to Extend Time
Legal Issues
- 1 Whether the lengthy delay in seeking extension of time for filing notice of appeal is adequately explained
- 2 Whether lack of authority to institute proceedings for one appellant is sufficient to refuse extension
- 3 Whether other grounds (contingent damages, security for costs) justify refusal of procedural relief
Ratio Decidendi
The application for extension of time should be dismissed due to lengthy and unexplained delay, and lack of authority from one claimant to institute proceedings; other grounds advanced do not overcome these fundamental defaults.
Court Disposition
Notice of motion dismissed with costs.
Orders
- Notice of motion dismissed.
- Claimants to pay the costs.
Full Case Text
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