Hull v Smith [2012] NSWCA 183

Hull v Smith [2012] NSWCA 183

The applicant failed to demonstrate that any ground in the Notice of Appeal had reasonable prospects of success; the primary judge correctly applied the law and assessed the evidence, so the extension of time for appeal was not granted.

Jurisdiction
Australia
Judgment Date
18 June 2012
Procedural Posture
Motion for Extension of Time to File Notice of Appeal / Court of Appeal Decision
Outcome
Motion for extension of time dismissed with costs.
Legal Topics
['extension of Time to Appeal' 'prospects of Success' 'status of Paternity']
['practice and Procedure'] ['extension of Time to Appeal' 'prospects of Success' 'status of Paternity']

Case Brief

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Procedural Posture

Motion for Extension of Time to File Notice of Appeal / Court of Appeal Decision

Legal Issues

  1. 1 ["Whether there are reasonable prospects of success for an appeal against the Equity Division's ruling on paternity and distribution of estate" 'Whether grounds in Notice of Appeal warrant extending time to appeal']

Ratio Decidendi

The applicant failed to demonstrate that any ground in the Notice of Appeal had reasonable prospects of success; the primary judge correctly applied the law and assessed the evidence, so the extension of time for appeal was not granted.

Court Disposition

Motion for extension of time dismissed with costs.

Orders

  • ['Motion for extension of time dismissed.' 'Costs awarded in one set between respondents.']