Stankovic v Peter Magee T/as Armstrong Legal [2014] NSWCA 191

Stankovic v Peter Magee T/as Armstrong Legal [2014] NSWCA 191

Extension of time to seek leave to appeal is granted as applicant filed three days late with no prejudice to respondent, and leave to appeal is granted subject to applicant lodging a draft defence within 21 days. Default judgment rules and the construction of time limits under Uniform Civil Procedure Rules allow...

Source-derived case information.

Parties
Applicant: Michael Stankovic; Respondent: Peter Michael Magee T/as Armstrong Legal
Jurisdiction
Australia
Judgment Date
05 June 2014
Procedural Posture
Application for Extension of Time and Leave to Appeal / Leave to Appeal—procedural Orders
Outcome
Leave to appeal granted with condition; extension of time granted; adjournment and irrelevant motions dismissed.
Legal Topics
Extension of Time to Appeal, Leave to Appeal, Default Judgment, Setting Aside Judgment, Requirement for Draft Defence
Civil Procedure Extension of Time to Appeal Leave to Appeal Default Judgment Setting Aside Judgment Requirement for Draft Defence

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Parties

Michael Stankovic

Applicant

Peter Michael Magee T/as Armstrong Legal

Respondent

Procedural Posture

Application for Extension of Time and Leave to Appeal / Leave to Appeal—procedural Orders

Legal Issues

  1. 1 Whether extension of time to seek leave to appeal should be granted
  2. 2 Whether leave to appeal should be granted despite default judgment entered
  3. 3 Whether an arguable defence exists for setting aside default judgment

Ratio Decidendi

Extension of time to seek leave to appeal is granted as applicant filed three days late with no prejudice to respondent, and leave to appeal is granted subject to applicant lodging a draft defence within 21 days. Default judgment rules and the construction of time limits under Uniform Civil Procedure Rules allow discretion where notice of judgment was delayed and an arguable defence is plausible.

Court Disposition

Leave to appeal granted with condition; extension of time granted; adjournment and irrelevant motions dismissed.

Orders

  • Reject the applicant's motion to adjourn the proceedings in this Court.
  • Extend time to seek leave to appeal to 29 August 2013.