Atkinson v Mullrai Pty Ltd & Ors: Carlisle v Mullrai Pty Ltd & Ors [1999] NSWCA 374

Atkinson v Mullrai Pty Ltd & Ors: Carlisle v Mullrai Pty Ltd & Ors [1999] NSWCA 374

Taking into account understandable reasons for delay, absence of significant prejudice to respondents, and the fact that the appeal is not hopeless, it is appropriate as a matter of discretion to grant extension of time to appeal.

Jurisdiction
Australia
Judgment Date
29 September 1999
Procedural Posture
Application for Extension of Time to Appeal / Court of Appeal Determination of Extension of Time Application
Outcome
Applications for extension of time to appeal granted
Legal Topics
['extension of Time' 'appeal Procedure' 'negligence' 'foreseeability']
['civil Procedure'] ['extension of Time' 'appeal Procedure' 'negligence' 'foreseeability']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Court of Appeal Determination of Extension of Time Application

Legal Issues

  1. 1 ['Whether an extension of time to file a notice of appeal should be granted' 'Whether prejudice is occasioned to the respondents if extension is granted' 'Whether the prospects of appeal are reasonable']

Ratio Decidendi

Taking into account understandable reasons for delay, absence of significant prejudice to respondents, and the fact that the appeal is not hopeless, it is appropriate as a matter of discretion to grant extension of time to appeal.

Court Disposition

Applications for extension of time to appeal granted

Orders

  • ['Extension of time for filing notice of appeal granted to 13 October 1999 for both applicants' 'Applicants to bear respondents’ costs of the applications for extension of time' 'Costs orders are not to be subsumed in any order for costs in the appeal' 'Enforcement of payment of costs will not be undertaken until...