Malouf, Warwick George Strauss v Malouf, John George Strauss & Ors [1998] FCA 1641

Malouf, Warwick George Strauss v Malouf, John George Strauss & Ors [1998] FCA 1641

Given the circumstances relating to the unavailability of the transcript, the appeal is not frivolous, and the prejudice to the respondent does not outweigh the applicant's entitlement, an extension of time for lodging notice of appeal is granted until 4.15pm on 23 December 1998.

Parties
Applicant: Warwick George Strauss Malouf; First Respondent: John George Strauss Malouf; Second Respondent: Pamela Mary Strauss Malouf; Third Respondent: Osmal (Holdings) Pty Ltd (ACN 000 145 166)
Jurisdiction
Australia
Judgment Date
18 December 1998
Procedural Posture
Application for Extension of Time to Appeal / Determination of Application for Extension of Time
Outcome
Extension of time granted; applicant to pay respondents' costs.
Legal Topics
Extension of Time, Appeal Procedure, Preliminary Discovery
Civil Procedure Extension of Time Appeal Procedure Preliminary Discovery

Case Brief

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Parties

Warwick George Strauss Malouf

Applicant

John George Strauss Malouf

First Respondent

Pamela Mary Strauss Malouf

Second Respondent

Osmal (Holdings) Pty Ltd (ACN 000 145 166)

Third Respondent

Procedural Posture

Application for Extension of Time to Appeal / Determination of Application for Extension of Time

Legal Issues

  1. 1 Whether extension of time should be granted for lodging notice of appeal after expiry due to unavailability of transcript

Ratio Decidendi

Given the circumstances relating to the unavailability of the transcript, the appeal is not frivolous, and the prejudice to the respondent does not outweigh the applicant's entitlement, an extension of time for lodging notice of appeal is granted until 4.15pm on 23 December 1998.

Court Disposition

Extension of time granted; applicant to pay respondents' costs.

Orders

  • The extension of time for lodging a notice of appeal from his Honour's decision until 4.15 on Wednesday, 23 December 1998 is granted.
  • The Applicant pay the Respondents costs of this application.