Richards v Cornford (No 3)

[2010] NSWCA 134

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Cross-appeals
4. › Extension of time to file notice of cross-appeal
5. › Delay caused by party's own deliberate conduct
6. › No steps taken for timely preparation
7. › Whether extension should be granted
8. › Uniform Civil Procedure Rules 2005 (NSW), r 51.17
1. Practice and Procedure
2. › Case management
3. › Overriding purpose
4. › Duties of parties in conduct of litigation
5. › Just, quick and cheap resolution of real issues
6. › Application to extension of time for cross-appeal
7. › Civil Procedure Act 2005 (NSW), ss 56-60
1. Practice and Procedure
2. › Case management
3. › Prejudice to opposing party
4. › Change of position on faith of judgment moneys
5. › Psychological vulnerability of plaintiff
6. › Whether countervailing injustice to respondent outweighed applicant's interest in vindicating rights

Quick Take

A party that deliberately fails to take preparatory steps for a cross-appeal within the time allowed by the rules, in breach of its duty under s 56(3) of the Civil Procedure Act 2005 (NSW), will face significant difficulty obtaining an extension of time, particularly where the opposing party has changed position on the faith of the judgment. The overriding purpose provisions require that parties be in a position to move promptly when a cross-appeal becomes necessary, and a 'languid approach' to compliance with time limits will not be excused merely because the party's legal rights are at stake.