O'Hare v Bradfield Bentley Pty Ltd (in liq)

[2019] NSWCA 122

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Extension of time to appeal
3. › Discretionary factors
4. › Length and explanation of delay
5. › Merits of proposed appeal
6. › Prejudice to respondent
7. › Whether two-year unexplained delay warranted refusal despite meritorious appeal
8. › Uniform Civil Procedure Rules 2005 (NSW), rr 51.9, 51.16(1)(b)
1. Practice and Procedure
2. › Civil litigation
3. › Overriding purpose
4. › Just, quick and cheap resolution of proceedings
5. › Duty of parties to assist the court
6. › Whether overriding purpose mandates refusal of extension where delay is gross and unexplained
7. › Civil Procedure Act 2005 (NSW), ss 56-60

Quick Take

A gross and unexplained delay of over two years in filing a notice of appeal may warrant refusal of an extension of time even where the proposed appeal has more than merely fairly arguable merit, particularly where the respondent has suffered prejudice through wasted enforcement costs.