16 Nov 2011
ZEBRA INDUSTRIES (OROGENESIS NOVA) LTD v. WAH TONG PAPER PRODUCTS GROUP LTD
- Citation
- ZEBRA INDUSTRIES (OROGENESIS NOVA) LTD v. WAH TONG PAPER PRODUCTS GROUP LTD
- Court
- Court of Appeal
- Case number
- CACV52/2011
Leave to appeal out of time was granted because the plaintiff cleared the merits threshold—namely that the arbitrator failed to address a materially different amended claim (increase from $58,000 to $268,000)—and the delay was short (five days), making extension appropriate; accordingly the appeal proceeds on the merits and the plaintiff is entitled to costs of the appeal while bearing costs of the earlier application below which lacked reasonable explanation for delay, with the lower costs order to be taxed on party and party basis rather than indemnity.