Valder v Wolak & Anor [2012] NSWCA 173

Valder v Wolak & Anor [2012] NSWCA 173

The summons seeking leave to appeal was dismissed because it was filed outside the twenty-eight day period after the order under appeal, no extension of time was sought, the applicant did not appear to advance oral argument, and his written submissions did not demonstrate an arguable case for leave.

Jurisdiction
Australia
Judgment Date
25 May 2012
Procedural Posture
Summons Seeking Leave to Appeal / Court of Appeal Hearing of Summons Seeking Leave to Appeal
Outcome
Summons for leave to appeal dismissed.
Legal Topics
['leave to Appeal' 'extension of Time' 'notice of Intention to Appeal Served Out of Time' 'failure to Appear' 'costs']
['appeal' 'civil Procedure'] ['leave to Appeal' 'extension of Time' 'notice of Intention to Appeal Served Out of Time' 'failure to Appear' 'costs']

Case Brief

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Procedural Posture

Summons Seeking Leave to Appeal / Court of Appeal Hearing of Summons Seeking Leave to Appeal

Legal Issues

  1. 1 ['Whether the summons seeking leave to appeal should be dismissed because the notice of intention to appeal was not served and the summons was filed out of time without an extension of time being sought.' "Whether the applicant's written submissions demonstrated an arguable case for leave to appeal." "Whether the applicant's failure to appear affected the determination of the summons."]

Ratio Decidendi

The summons seeking leave to appeal was dismissed because it was filed outside the twenty-eight day period after the order under appeal, no extension of time was sought, the applicant did not appear to advance oral argument, and his written submissions did not demonstrate an arguable case for leave.

Court Disposition

Summons for leave to appeal dismissed.

Orders

  • ['Summons for leave to appeal is dismissed.' 'The applicant, Valdemar Ian Valder, is to pay the costs of the second respondent, the New South Wales Land and Housing Corporation.']