PETER WARREN (FAIRFIELD) PTY LTD v McMARTIN [1995] NSWCA 367

PETER WARREN (FAIRFIELD) PTY LTD v McMARTIN [1995] NSWCA 367

Compliance with procedural rules may be dispensed with where delay is explained, no substantial prejudice results, and the underlying appeal point is clear; time for filing a notice of appeal was extended accordingly.

Parties
Applicant: Peter Warren (Fairfield) Pty Ltd; Respondent: McMartin
Jurisdiction
Australia
Judgment Date
24 July 1995
Procedural Posture
Motion for Leave to File Notice of Appeal Out of Time / Interlocutory Application in Court of Appeal
Outcome
Extension of time granted
Legal Topics
Application for Extension of Time, Appeal Procedure, Compliance With Procedural Rules
Civil Procedure Application for Extension of Time Appeal Procedure Compliance With Procedural Rules

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Peter Warren (Fairfield) Pty Ltd

Applicant

McMartin

Respondent

Procedural Posture

Motion for Leave to File Notice of Appeal Out of Time / Interlocutory Application in Court of Appeal

Legal Issues

  1. 1 Whether leave should be granted to file a notice of appeal out of time
  2. 2 Whether non-compliance with Part 51 rule 4 subrule 5 should be dispensed with

Ratio Decidendi

Compliance with procedural rules may be dispensed with where delay is explained, no substantial prejudice results, and the underlying appeal point is clear; time for filing a notice of appeal was extended accordingly.

Court Disposition

Extension of time granted

Orders

  • Compliance with Part 51 rule 4 subrule 5 dispensed with
  • Time for filing notice of appeal extended to 26 July 1995