Pi v Zhou (No 4) [2018] NSWCA 87

Pi v Zhou (No 4) [2018] NSWCA 87

The application for adjournment and for review of the dismissal were refused as Mr Pi provided no evidence of error in the prior decision, no material change of circumstances, and failed to comply with the order for security; medical evidence did not justify adjournment, and the statutory requirements for extension of time were not met.

Jurisdiction
Australia
Judgment Date
24 April 2018
Procedural Posture
Application for Extension of Time and Review / Court of Appeal Judgment on Notice of Motion
Outcome
Application dismissed.
Legal Topics
['security for Costs' 'extension of Time' 'dismissal for Failure to Comply With Orders']
['civil Procedure'] ['security for Costs' 'extension of Time' 'dismissal for Failure to Comply With Orders']

Case Brief

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Procedural Posture

Application for Extension of Time and Review / Court of Appeal Judgment on Notice of Motion

Legal Issues

  1. 1 ['Whether an extension of time should be granted to review the dismissal of appeal' 'Whether the previous decision to dismiss proceedings for failure to provide security for costs was erroneous']

Ratio Decidendi

The application for adjournment and for review of the dismissal were refused as Mr Pi provided no evidence of error in the prior decision, no material change of circumstances, and failed to comply with the order for security; medical evidence did not justify adjournment, and the statutory requirements for extension of time were not met.

Court Disposition

Application dismissed.

Orders

  • ['Dismiss the application for an adjournment.' 'Dismiss the notice of motion filed 22 November 2017, with costs.']