Mendonca v Chan & Naylor (Parramatta) Pty Ltd

[2016] NSWCA 246

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Extension of time
4. › Delay of over two years
5. › Whether sufficiently arguable proposed grounds of appeal demonstrated
6. › Whether inconsistency with prior litigation stance relevant
7. › Whether success on appeal would give rise to inconsistent judgments
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Whether indemnity costs appropriate against unrepresented litigant

Quick Take

An applicant who has litigated on the premise that a judgment was correct cannot subsequently obtain an extension of time to appeal from that judgment, particularly where the proposed grounds are weak and the delay is extensive. The risk of inconsistent judgments is a significant factor weighing against the grant of an extension of time.