Havord v Chief of Navy [2001] ADFDAT 1

Havord v Chief of Navy [2001] ADFDAT 1

Leave to file and serve the Notice of Appeal was granted, and time was extended to 20 March 2001, because counsel acted quickly after learning of the correct time limit, the proposed notice had already been lodged and filed, and the respondent alleged no prejudice and did not object.

Jurisdiction
Australia
Judgment Date
02 May 2001
Procedural Posture
Application for Extension of Time to File and Serve a Notice of Appeal / Leave to File Notice of Appeal and Extension of Time
Outcome
Leave granted and time for filing extended.
Legal Topics
['extension of Time' 'notice of Appeal' 'defence Force Discipline Appeals Act 1955 (cth)']
['defence Force Discipline' 'appeals Procedure'] ['extension of Time' 'notice of Appeal' 'defence Force Discipline Appeals Act 1955 (cth)']

Case Brief

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Procedural Posture

Application for Extension of Time to File and Serve a Notice of Appeal / Leave to File Notice of Appeal and Extension of Time

Legal Issues

  1. 1 ['Whether leave should be granted to file and serve the Notice of Appeal out of time.' 'Whether time for filing the Notice of Appeal should be extended to 20 March 2001.']

Ratio Decidendi

Leave to file and serve the Notice of Appeal was granted, and time was extended to 20 March 2001, because counsel acted quickly after learning of the correct time limit, the proposed notice had already been lodged and filed, and the respondent alleged no prejudice and did not object.

Court Disposition

Leave granted and time for filing extended.

Orders

  • ['Leave to file the notice of appeal is granted.' 'Time for filing the notice of appeal is extended to 20 March 2001.']