Muriniti v Lyons [2003] NSWSC 79

Muriniti v Lyons [2003] NSWSC 79

Plaintiff failed to provide a convincing explanation for substantial delay in applying for extension of time, and in the exercise of judicial discretion, justice is served by refusing the application due to prejudice to the defendant and lack of real justification for the delay.

Jurisdiction
Australia
Judgment Date
25 February 2003
Procedural Posture
Application for Extension of Time to Appeal / Judgment on Application
Outcome
Application refused
Legal Topics
['extension of Time' 'appeal From Costs Assessor' 'leave to Appeal']
['civil Procedure'] ['extension of Time' 'appeal From Costs Assessor' 'leave to Appeal']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Judgment on Application

Legal Issues

  1. 1 ["Should the plaintiff be granted an extension of time to apply for leave to appeal and/or appeal against the costs assessor's determination?"]

Ratio Decidendi

Plaintiff failed to provide a convincing explanation for substantial delay in applying for extension of time, and in the exercise of judicial discretion, justice is served by refusing the application due to prejudice to the defendant and lack of real justification for the delay.

Court Disposition

Application refused

Orders

  • ['Leave to grant an extension of time for the plaintiff to seek leave to appeal and/or appeal is refused.' "The plaintiff is to pay the defendant's costs as agreed or assessed."]