Home Farm Strata and Holmes -v- Le Sueur [2015] JCA 146A (02 July 2015)

Home Farm Strata and Holmes -v- Le Sueur [2015] JCA 146A (02 July 2015)

The court exercised its discretion to grant an extension of time for service of the notice of appeal, finding the failure to comply with the rules was a minor and technical error, the delay was short, there was no significant prejudice to the respondent, and the appeal was not so clearly hopeless as to justify refusal.

Citation
[2015] JCA 146A
Parties
First Plaintiff/appellant: Home Farm Developments Limited; Second Plaintiff/appellant: Strata Developments Limited; Third Plaintiff/appellant: Mr Shane Holmes; Defendant/respondent: Mr Jamie Le Sueur; Plaintiff/appellant: Mr Jamie Le Sueur; Defendant/respondent: Mr Shane Holmes
Jurisdiction
Jersey
Judgment Date
02 July 2015
Procedural Posture
Appeal / Application for Extension of Time to Serve Notice of Appeal
Outcome
Extension of time granted
Legal Topics
Extension of Time, Service of Notice of Appeal, Discretion of Court, Litigant in Person
Civil Procedure Extension of Time Service of Notice of Appeal Discretion of Court Litigant in Person

Case Brief

Summary, issues, holding and outcome

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Parties

Home Farm Developments Limited

First Plaintiff/appellant

Strata Developments Limited

Second Plaintiff/appellant

Mr Shane Holmes

Third Plaintiff/appellant

Mr Jamie Le Sueur

Defendant/respondent

Mr Jamie Le Sueur

Plaintiff/appellant

Mr Shane Holmes

Defendant/respondent

Procedural Posture

Appeal / Application for Extension of Time to Serve Notice of Appeal

Legal Issues

  1. 1 Whether the court should grant an extension of time for service of notice of appeal due to technical non-compliance with service rules
  2. 2 Whether the merits of the appeal are so hopeless as to justify refusal of extension

Ratio Decidendi

The court exercised its discretion to grant an extension of time for service of the notice of appeal, finding the failure to comply with the rules was a minor and technical error, the delay was short, there was no significant prejudice to the respondent, and the appeal was not so clearly hopeless as to justify refusal.

Court Disposition

Extension of time granted

Orders

  • Time for service of the notice of appeal extended until close of business on 6 July 2015