Blundell v Blumanis [2004] NSWSC 920

Blundell v Blumanis [2004] NSWSC 920

Extension of time for appeal refused because the delay was not sufficiently explained, prejudice to defendant was demonstrated, and the plaintiff failed to discharge the onus borne by her; as a result, appeal fails and summons is dismissed.

Jurisdiction
Australia
Judgment Date
12 October 2004
Procedural Posture
Appeal / Application for Extension of Time and Appeal Determined
Outcome
summons dismissed, appeal fails
Legal Topics
['child Support' 'extension of Time' 'appeal Procedure']
['family Law'] ['child Support' 'extension of Time' 'appeal Procedure']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Application for Extension of Time and Appeal Determined

Legal Issues

  1. 1 ['Whether plaintiff retained the right to sue for arrears accrued prior to registration under the Child Support (Registration and Collection) Act 1988' 'Whether an extension of time to appeal should be granted']

Ratio Decidendi

Extension of time for appeal refused because the delay was not sufficiently explained, prejudice to defendant was demonstrated, and the plaintiff failed to discharge the onus borne by her; as a result, appeal fails and summons is dismissed.

Court Disposition

summons dismissed, appeal fails

Orders

  • ['The summons is dismissed.' 'The plaintiff is to pay the costs of the summons.']