IOSIF v S & M MOTORS PTY LTD (IN LIQUIDATION) [1996] NSWCA 265

IOSIF v S & M MOTORS PTY LTD (IN LIQUIDATION) [1996] NSWCA 265

The discretion to extend time should be exercised in favour of the applicant, despite doubt, because there is no prejudice to the respondent and the applicant should not be shut out from an opportunity to have the original decision examined on appeal.

Parties
Applicant: Iosif; Respondent: S & M Motors Pty Ltd (in liquidation)
Jurisdiction
Australia
Judgment Date
29 April 1996
Procedural Posture
Application to Extend Time to File Notice of Appeal / Ruling on Application for Extension of Time
Outcome
Application to extend time granted.
Legal Topics
Extension of Time, Appeals, Practice and Procedure
Civil Procedure Extension of Time Appeals Practice and Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Iosif

Applicant

S & M Motors Pty Ltd (in liquidation)

Respondent

Procedural Posture

Application to Extend Time to File Notice of Appeal / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time to file a notice of appeal out of time.

Ratio Decidendi

The discretion to extend time should be exercised in favour of the applicant, despite doubt, because there is no prejudice to the respondent and the applicant should not be shut out from an opportunity to have the original decision examined on appeal.

Court Disposition

Application to extend time granted.

Orders

  • Time for filing a notice of appeal extended for seven days from 29 April 1996.
  • Notice of appeal, as amended, may be filed and treated as served.