Chargold Project Management Pty Ltd v Jalak Pty Ltd (t/a Webb Concretors)

[2010] VSCA 210

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeal
3. › Extension of time
4. › Service of notice of appeal
5. › Whether extension should be granted where delay caused by solicitor's bona fide mistake
6. › Supreme Court (General Civil Procedure) Rules 2005 (Vic)
1. Practice and Procedure
2. › Appeal
3. › Deemed abandonment
4. › Reinstatement of appeal
5. › Whether reinstatement should be conditional on payment of judgment sum
6. › Nature of reinstatement power as administrative
7. › Supreme Court (General Civil Procedure) Rules 2005 (Vic), r 64.16(2)
1. Practice and Procedure
2. › Appeal
3. › Mediation
4. › Appeal mediation ordered of court's own motion
5. › Whether appeal over modest amount warranting mediation to avoid multiplicity of proceedings

Quick Take

The power to reinstate a deemed abandoned appeal under r 64.16(2) of the Supreme Court (General Civil Procedure) Rules 2005 (Vic) is essentially administrative in nature and does not extend to imposing conditions such as payment of the judgment debt. Payment of the judgment debt has never been a precondition of an appellant's right to prosecute an appeal; the judgment creditor retains all enforcement remedies available from the moment of the making of the order. Respondents should not oppose reinstatement applications in ordinary cases where the delay is short, the oversight explicable, and there is no prejudice.