Keen Mar Corp. Pty Ltd & Anor v Labrador Park Shopping Centre Pty Ltd & Anor [1988] FCA 216

Keen Mar Corp. Pty Ltd & Anor v Labrador Park Shopping Centre Pty Ltd & Anor [1988] FCA 216

Leave should be given to file and serve a notice of appeal out of time because the applicants' explanation for delay is credible and they should not be unfairly prevented from participating in appellate proceedings involving their co-applicants and common issues.

Source-derived case information.

Parties
Applicant: Keen Mar Corporation Pty Ltd; Applicant: Alan Keen; Applicant: Trudy Keen; First Respondent: Labrador Park Shopping Centre Pty Ltd; Second Respondent: Hersfield Developments Pty Ltd
Jurisdiction
Australia
Judgment Date
06 May 1988
Procedural Posture
Application for Extension of Time to Appeal / Hearing and Determination of Application for Leave to Appeal Out of Time
Outcome
Leave granted to the applicants to file and serve a notice of appeal out of time.
Legal Topics
Extension of Time, Leave to Appeal, Appeals, Discretion, Common Law Claim
Civil Procedure Extension of Time Leave to Appeal Appeals Discretion Common Law Claim

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Summary, issues, holding and outcome

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Parties

Keen Mar Corporation Pty Ltd

Applicant

Alan Keen

Applicant

Trudy Keen

Applicant

Labrador Park Shopping Centre Pty Ltd

First Respondent

Hersfield Developments Pty Ltd

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Hearing and Determination of Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether leave should be granted to file and serve a notice of appeal out of time
  2. 2 Adequacy of reasons for delay under Order 52 rule 15(2)

Ratio Decidendi

Leave should be given to file and serve a notice of appeal out of time because the applicants' explanation for delay is credible and they should not be unfairly prevented from participating in appellate proceedings involving their co-applicants and common issues.

Court Disposition

Leave granted to the applicants to file and serve a notice of appeal out of time.

Orders

  • Leave is given to the applicants to file and serve a notice of appeal by 4 pm Monday 9 May 1988.
  • The costs of the respondents to this application are the respondents' costs in the proposed appeal, and if the present applicants do not file an appeal, the costs will be the respondents' costs.