THEOCTISTOU v WETE [1998] NSWCA 233

THEOCTISTOU v WETE [1998] NSWCA 233

The trial judge took relevant facts into account and applied the correct approach to the exercise of discretion; no error was shown justifying appellate interference.

Parties
Applicant: Theoctistou; Respondent: Wete
Jurisdiction
Australia
Judgment Date
23 February 1998
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
application for leave to appeal dismissed with costs
Legal Topics
Extension of Time, Discretion to Enlarge Time, Appeals Against Discretionary Orders
Civil Procedure Extension of Time Discretion to Enlarge Time Appeals Against Discretionary Orders

Case Brief

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Parties

Theoctistou

Applicant

Wete

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the District Court judge erred in exercising discretion to enlarge the time for commencement of proceedings.

Ratio Decidendi

The trial judge took relevant facts into account and applied the correct approach to the exercise of discretion; no error was shown justifying appellate interference.

Court Disposition

application for leave to appeal dismissed with costs

Orders

  • Appeal dismissed with costs.