Rizk v FA Constructions Australia Pty Ltd (No 2) [2016] NSWCA 203
The motion for extension of time was dismissed because the delay was excessive with no adequate explanation and the application lacked sufficient merit, as the prospects of success on appeal were remote and the amount in issue was small.
- Jurisdiction
- Australia
- Judgment Date
- 09 August 2016
- Procedural Posture
- Application for Extension of Time to Seek Leave to Appeal / Application to Court of Appeal, NSW Supreme Court
- Outcome
- Application dismissed
- Legal Topics
- ['extension of Time' 'leave to Appeal' 'duty of Care' 'breach of Duty' 'contributory Negligence']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Extension of Time to Seek Leave to Appeal / Application to Court of Appeal, NSW Supreme Court
Legal Issues
- 1 ['Whether an extension of time should be granted to file the summons seeking leave to appeal' 'Whether the applicant has a fairly arguable case on the merits' 'Whether there was a satisfactory explanation for the delay' 'Whether the respondent would suffer prejudice if the extension were granted']
Ratio Decidendi
The motion for extension of time was dismissed because the delay was excessive with no adequate explanation and the application lacked sufficient merit, as the prospects of success on appeal were remote and the amount in issue was small.
Court Disposition
Application dismissed
Orders
- ['The motion seeking an extension of time within which to file the summons seeking leave to appeal is dismissed.']
Full Case Text
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