Gillett v Robinson [2012] NSWCA 270

Gillett v Robinson [2012] NSWCA 270

The applicant failed to provide a satisfactory explanation for the lengthy delay in seeking an extension of time to appeal, the proposed appeal had weak prospects of success, and significant prejudice to the respondent would result from granting the extension. Accordingly, the notice of motion for extension of time was dismissed with costs.

Parties
Applicant: Halina Gillett; Respondent: Jeffrey Robinson
Jurisdiction
Australia
Judgment Date
31 August 2012
Procedural Posture
Interlocutory Application / Application for Extension of Time to Appeal Determination of Notice of Motion
Outcome
Notice of motion for extension of time dismissed with costs.
Legal Topics
Extension of Time to Appeal, Discretion to Amend Pleadings, Introduction of New Expert Evidence, Prejudice, Prospects of Success, Delay, Practice and Procedure
Civil Procedure Appeal Extension of Time to Appeal Discretion to Amend Pleadings Introduction of New Expert Evidence Prejudice Prospects of Success Delay +1 more

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Parties

Halina Gillett

Applicant

Jeffrey Robinson

Respondent

Procedural Posture

Interlocutory Application / Application for Extension of Time to Appeal Determination of Notice of Motion

Legal Issues

  1. 1 Whether sufficient cause existed to grant extension of time for filing notice of appeal
  2. 2 Whether delay in bringing appeal was reasonably explained
  3. 3 Whether proposed appeal disclosed prospects of success

Ratio Decidendi

The applicant failed to provide a satisfactory explanation for the lengthy delay in seeking an extension of time to appeal, the proposed appeal had weak prospects of success, and significant prejudice to the respondent would result from granting the extension. Accordingly, the notice of motion for extension of time was dismissed with costs.

Court Disposition

Notice of motion for extension of time dismissed with costs.

Orders

  • Notice of motion filed on 10 May 2012 seeking extension of time dismissed with costs.