Jaffari v Grabowski [2013] NSWCA 114

Jaffari v Grabowski [2013] NSWCA 114

Applicants failed to demonstrate error in Barrett JA's refusal to extend time to appeal; their explanations for delay were inadequate; no reasonably arguable prospects of success shown in proposed grounds; procedural fairness was afforded; no material error, unreasonableness, or overlooked consideration established.

Jurisdiction
Australia
Judgment Date
13 May 2013
Procedural Posture
Motion for Review of Decision Refusing Extension of Time to Appeal / Court of Appeal Judgment on Review Under Supreme Court Act 1970 S 46(4)
Outcome
Motion to review refused; time for filing extended for administrative reasons only; costs ordered against applicants.
Legal Topics
['extension of Time to Appeal' 'review of Procedural Decision' 'litigants in Person' 'procedural Fairness' 'evidence Admissibility']
['civil Procedure' 'appellate Review'] ['extension of Time to Appeal' 'review of Procedural Decision' 'litigants in Person' 'procedural Fairness' 'evidence Admissibility']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Motion for Review of Decision Refusing Extension of Time to Appeal / Court of Appeal Judgment on Review Under Supreme Court Act 1970 S 46(4)

Legal Issues

  1. 1 ["Whether applicants demonstrated relevant error in the single judge's refusal to extend time to file notice of appeal" 'Whether applicants were denied procedural fairness at hearing before Barrett JA' "Whether applicants' grounds of appeal had reasonable prospects of success"]

Ratio Decidendi

Applicants failed to demonstrate error in Barrett JA's refusal to extend time to appeal; their explanations for delay were inadequate; no reasonably arguable prospects of success shown in proposed grounds; procedural fairness was afforded; no material error, unreasonableness, or overlooked consideration established.

Court Disposition

Motion to review refused; time for filing extended for administrative reasons only; costs ordered against applicants.

Orders

  • ["1. Extend the time for the filing of the motion to review Barrett JA's order of 6 December 2012 to 1 February 2013." "2. Dismiss the motion to review Barrett JA's order." '3. Applicants to pay the costs of the motion.']