Nexus Minerals NL (ACN 009 148 529) v Brutus Constructions Pty Ltd (ACN 008 837 563) & Anor [1996] FCA 1044

Nexus Minerals NL (ACN 009 148 529) v Brutus Constructions Pty Ltd (ACN 008 837 563) & Anor [1996] FCA 1044

The applicant established special reasons for an extension: timely challenge to part of the orders, explanation for delay, and that further delay was not solely attributable to the applicant. Consequently, the discretion under the procedural rules supported extending the time for notice of appeal.

Parties
Applicant: Nexus Minerals NL (ACN 009 148 529); First Respondent: Brutus Constructions Pty Ltd (ACN 008 837 563); Second Respondent: Boleslaw William Kozyrski
Jurisdiction
Australia
Judgment Date
28 November 1996
Procedural Posture
Application for Extension of Time to Appeal / Determination of Application for Extension of Time to File Notice of Appeal
Outcome
Application for extension of time granted
Legal Topics
Extension of Time, Notice of Appeal, Breach of Contract, Directors’ Duties, Declaratory Relief
Civil Procedure Trade Practices Corporations Law Extension of Time Notice of Appeal Breach of Contract Directors’ Duties Declaratory Relief

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Parties

Nexus Minerals NL (ACN 009 148 529)

Applicant

Brutus Constructions Pty Ltd (ACN 008 837 563)

First Respondent

Boleslaw William Kozyrski

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Determination of Application for Extension of Time to File Notice of Appeal

Legal Issues

  1. 1 Whether leave should be granted to extend time for filing and serving a notice of appeal
  2. 2 Whether special reasons exist to justify granting an extension
  3. 3 Whether proof of damage is an essential element of the causes of action

Ratio Decidendi

The applicant established special reasons for an extension: timely challenge to part of the orders, explanation for delay, and that further delay was not solely attributable to the applicant. Consequently, the discretion under the procedural rules supported extending the time for notice of appeal.

Court Disposition

Application for extension of time granted

Orders

  • The applicant have leave to file a notice of appeal until 6 December 1996.