LONG LEYS COMPANY PTY LIMITED v SILKDALE PTY LIMITED [1996] NSWCA 330

LONG LEYS COMPANY PTY LIMITED v SILKDALE PTY LIMITED [1996] NSWCA 330

The delay resulted from an unfortunate mistake by the applicant's solicitor, and given the minimal delay and particular circumstances, the extension of time should be granted.

Parties
Applicant: Long Leys Company Pty Limited; Opponent: Silkdale Pty Limited
Jurisdiction
Australia
Judgment Date
26 February 1996
Procedural Posture
Civil Application / Application to Extend Time for Filing Notice of Appeal
Outcome
Time for filing a notice of appeal with appointment extended up to 4pm on date of judgment. Applicant to pay opponent's costs of this application.
Legal Topics
Extension of Time, Late Filing, Appeals
Civil Procedure Extension of Time Late Filing Appeals

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 1 Party arguments 2
Sign in to unlock

Parties

Long Leys Company Pty Limited

Applicant

Silkdale Pty Limited

Opponent

Procedural Posture

Civil Application / Application to Extend Time for Filing Notice of Appeal

Legal Issues

  1. 1 Whether time for filing a notice of appeal with appointment should be extended after expiry
  2. 2 Whether the circumstances warrant relief from procedural default

Ratio Decidendi

The delay resulted from an unfortunate mistake by the applicant's solicitor, and given the minimal delay and particular circumstances, the extension of time should be granted.

Court Disposition

Time for filing a notice of appeal with appointment extended up to 4pm on date of judgment. Applicant to pay opponent's costs of this application.

Orders

  • Time for filing a notice of appeal with appointment be extended up to 4pm today.
  • Applicant (claimant) to pay opponent's costs of this application.