Gilmore Finance Pty Ltd v Aesthete No 3 Pty Ltd

[2020] NSWCA 114

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Judicial review
3. › Extension of time
4. › Factors relevant to exercise of discretion
5. › Whether interests of justice favour extension
6. › Whether deliberate decision not to appeal weighs against extension
7. › Whether proportionality of costs to amount in dispute relevant
8. › Supreme Court Act 1970 (NSW), s 69
9. › UCPR r 59.10
1. Costs
2. › Costs assessment
3. › Appeal to District Court
4. › Appeal by way of rehearing under s 89 Legal Profession Uniform Law Application Act 2014 (NSW)
5. › Nature of appeal by way of rehearing
6. › Whether District Court failed to conduct appeal by way of rehearing
7. › Whether jurisdictional error established

Quick Take

The Court held that a deliberate decision not to challenge a judgment, even where only preliminary legal advice was obtained, weighs heavily against a later application for extension of time, particularly where the judgment sum has been paid and the costs of further litigation would be disproportionate to the amount in dispute.