Egan-Green v McLean

[2017] ACTCA 28

ACT Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Interlocutory or final order
3. › Summary dismissal of proceedings
4. › Whether order dismissing proceedings on summary judgment application is interlocutory or final
5. › Court Procedures Rules 2006 (ACT), r 1147
1. Appeal
2. › Leave to appeal
3. › Extension of time to seek leave to appeal from interlocutory order
4. › Relevant considerations
5. › Explanation for delay
6. › Reliance on procedural advice from registry staff
7. › Prospects of success on appeal
8. › Whether substantial injustice would result
9. › Supreme Court Act 1933 (ACT), s 37E(4)
1. Defamation
2. › Limitation of actions
3. › Date of accrual of cause of action
4. › Whether cause of action in slander accrues on date of publication or date of discovery
5. › Civil Law (Wrongs) Act 2002 (ACT), s 137

Quick Take

An order summarily dismissing proceedings under r 1147 of the Court Procedures Rules 2006 (ACT), where the court determines only that the action cannot be successfully prosecuted on limitation grounds without resolving the merits, is an interlocutory order requiring leave to appeal within 7 days. Reliance on incorrect procedural advice from court registry staff may provide an adequate explanation for delay in seeking leave to appeal, but will not alone justify an extension of time where the appeal has no prospects of success.