Henderson, Russell Fraser & Ors Amadio Pty Ltd & Ors (No 5) [1996] FCA 586

The absence of evidence supporting the applicants' alleged belief as to funding, and failure to demonstrate special reasons justifying extension, meant leave should not be granted.

Jurisdiction: Australia
Judgment Date: 25 June 1996
Procedural Posture: Application for Extension of Time to Appeal / Post Judgment Interlocutory Application
Outcome: Application dismissed
Legal Topics: ['extension of Time to Appeal' 'secret Commissions' 'indemnity']

['civil Procedure'] ['extension of Time to Appeal' 'secret Commissions' 'indemnity']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Application for Extension of Time to Appeal / Post Judgment Interlocutory Application

Legal Issues

1 ['Whether special reasons exist to grant an extension of time for filing and serving a notice of appeal under Order 52 r 15.']

Ratio Decidendi

The absence of evidence supporting the applicants' alleged belief as to funding, and failure to demonstrate special reasons justifying extension, meant leave should not be granted.

Court Disposition

Application dismissed

Orders

['Applicants (Messrs Lynch, Korczak and Mayne) to pay the costs of SGIO of this application.']