Re Robert Lee Wolcott & orsv John Noel DAvis and anor [1984] FCA 453

Re Robert Lee Wolcott & orsv John Noel DAvis and anor [1984] FCA 453

Because the appellants failed to file the notice of appeal within the required time, the application was governed by Order 52 Rule 15(2) and required special reasons. The solicitor's ignorance, mistake or negligence in not filing and serving the notice in time, despite the short six-day delay and the absence of fault by the appellants personally, did not constitute special reasons. The application for extension of time was therefore refused.

Jurisdiction
Australia
Judgment Date
14 December 1984
Procedural Posture
Appeal Application for Extension of Time to File and Serve Notice of Appeal From an Interlocutory Order / Application Before Muirhead J After Special Leave to Appeal Had Been Granted and the Notice of Appeal Was Filed and Served Six Days Late
Outcome
Application for extension of time refused; motion dismissed.
Legal Topics
['extension of Time' 'special Reasons' 'notice of Appeal' 'interlocutory Orders' 'federal Court Rules' 'injunctions']
['practice and Procedure' 'appeals'] ['extension of Time' 'special Reasons' 'notice of Appeal' 'interlocutory Orders' 'federal Court Rules' 'injunctions']

Case Brief

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Procedural Posture

Appeal Application for Extension of Time to File and Serve Notice of Appeal From an Interlocutory Order / Application Before Muirhead J After Special Leave to Appeal Had Been Granted and the Notice of Appeal Was Filed and Served Six Days Late

Legal Issues

  1. 1 ['Whether the appellants should be granted an extension of time to file and serve a notice of appeal after the 21 day period following the grant of leave to appeal had expired.' 'Whether the appellants could rely on the general extension power in Order 3 Rule 3 or were required to show special reasons under Order 52 Rule 15(2).' "Whether the solicitor's ignorance or mistake in failing to file and serve the notice of appeal within time constituted special reasons."]

Ratio Decidendi

Because the appellants failed to file the notice of appeal within the required time, the application was governed by Order 52 Rule 15(2) and required special reasons. The solicitor's ignorance, mistake or negligence in not filing and serving the notice in time, despite the short six-day delay and the absence of fault by the appellants personally, did not constitute special reasons. The application for extension of time was therefore refused.

Court Disposition

Application for extension of time refused; motion dismissed.

Orders

  • ['The application for extension of time is dismissed.' 'No order as to costs.']