Harding v Anton's Wire Products Pty Ltd [2013] NSWCA 258

Harding v Anton's Wire Products Pty Ltd [2013] NSWCA 258

The applicant's grounds of appeal did not disclose any arguable error or basis to set aside the primary judgment and no special grounds existed for adducing further evidence on appeal; thus, the interests of justice did not require an extension of time and the application must be dismissed.

Jurisdiction
Australia
Judgment Date
08 August 2013
Procedural Posture
Application to Extend Time for Appeal / Application for Extension of Time to File Notice of Appeal and Amended Notice of Appeal
Outcome
Application dismissed with costs.
Legal Topics
['appeal' 'extension of Time' 'further Evidence on Appeal']
['procedure' 'civil Procedure'] ['appeal' 'extension of Time' 'further Evidence on Appeal']

Case Brief

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Procedural Posture

Application to Extend Time for Appeal / Application for Extension of Time to File Notice of Appeal and Amended Notice of Appeal

Legal Issues

  1. 1 ['Whether an extension of time for filing notice of appeal should be granted' 'Whether the applicant (Harding) has a fairly arguable case on appeal' 'Whether further evidence should be received on appeal']

Ratio Decidendi

The applicant's grounds of appeal did not disclose any arguable error or basis to set aside the primary judgment and no special grounds existed for adducing further evidence on appeal; thus, the interests of justice did not require an extension of time and the application must be dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • ['Application to extend time for filing of notice of appeal and amended notice of appeal dismissed.' "Applicant to pay respondents' costs of the application."]