David Campbell & Anor v Steven Crane [2012] NSWCA 163

David Campbell & Anor v Steven Crane [2012] NSWCA 163

Leave to appeal and an extension of time should be granted because the history of the matter, Smart AJ's comments, the apparent ambiguity of the orders and a possible misunderstanding as to the effect of s 4(2)(b) on compensation justified appellate consideration, and the respondent had not suffered prejudice from the approximately four-month delay.

Jurisdiction
Australia
Judgment Date
06 June 2012
Procedural Posture
Summons Seeking Extension of Time to File an Application for Leave to Appeal and Leave to Appeal / Court of Appeal Application for Leave to Appeal
Outcome
Extension of time granted and leave to appeal granted.
Legal Topics
['encroachment of Buildings' 'compensation for Encroachment' 'leave to Appeal' 'extension of Time' 'expert Determination']
['property Law' 'civil Procedure'] ['encroachment of Buildings' 'compensation for Encroachment' 'leave to Appeal' 'extension of Time' 'expert Determination']

Case Brief

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Procedural Posture

Summons Seeking Extension of Time to File an Application for Leave to Appeal and Leave to Appeal / Court of Appeal Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether time should be extended under Uniform Civil Procedure Rules, r 51.10(2) for filing an application for leave to appeal from decisions made on 2 June 2009, 6 April 2011 and 2 September 2011.' 'Whether leave to appeal should be granted where the matter at issue did not amount to $100,000 or more.' "Whether the applicants should be permitted to challenge the decision not to accept the expert's assessed compensation under the orders made on 2 June 2009."]

Ratio Decidendi

Leave to appeal and an extension of time should be granted because the history of the matter, Smart AJ's comments, the apparent ambiguity of the orders and a possible misunderstanding as to the effect of s 4(2)(b) on compensation justified appellate consideration, and the respondent had not suffered prejudice from the approximately four-month delay.

Court Disposition

Extension of time granted and leave to appeal granted.

Orders

  • ['Extend the time for filing of a summons for leave to appeal from the decisions made on 2 June 2009, 6 April 2011 and 2 September 2011 until 13 June 2012.' 'Direct the applicants to file an amended summons for leave to appeal by 13 June 2012.' 'Grant the applicants leave to appeal.' 'Direct the applicants to file a...