Verzar v Verzar [2013] NSWCA 170

Verzar v Verzar [2013] NSWCA 170

The extension of time for filing a notice of appeal should be refused because the notice of appeal is not fairly arguable and the applicant is bound by his abandonment of substantive relief in the administration proceedings; leave to appeal is not required as the amount in issue exceeds $100,000.

Parties
Applicant: Thomas John Verzar; Respondent: Susan Verzar
Jurisdiction
Australia
Judgment Date
12 June 2013
Procedural Posture
Interlocutory Application / Application for Extension of Time to File Notice of Appeal
Outcome
Applicant's notice of motion dismissed
Legal Topics
Extension of Time for Appeal, Family Provision, Estate Administration
Civil Procedure Succession Law Extension of Time for Appeal Family Provision Estate Administration

Case Brief

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Parties

Thomas John Verzar

Applicant

Susan Verzar

Respondent

Procedural Posture

Interlocutory Application / Application for Extension of Time to File Notice of Appeal

Legal Issues

  1. 1 Whether extension of time for filing appeal should be granted
  2. 2 Whether appeal is fairly arguable
  3. 3 Whether applicant abandoned relief sought in administration proceedings

Ratio Decidendi

The extension of time for filing a notice of appeal should be refused because the notice of appeal is not fairly arguable and the applicant is bound by his abandonment of substantive relief in the administration proceedings; leave to appeal is not required as the amount in issue exceeds $100,000.

Court Disposition

Applicant's notice of motion dismissed

Orders

  • The applicant's notice of motion filed 20 March 2013 be dismissed.
  • The applicant pay the respondent's costs of the motion.