Yang v New South Wales Land and Housing Corporation

[2025] NSWCA 58

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Procedure
3. › Time limits
4. › Extension of time
5. › Reasonable explanation for delay
6. › No distinct prejudice to other party
7. › No utility in granting extension where no fairly arguable case demonstrated
8. › Uniform Civil Procedure Rules 2005 (NSW), rr 51.10(1)(b), 51.16(1)(c)
1. Appeal
2. › Competency
3. › Monetary threshold
4. › Procedural irregularity in filing summons seeking leave
5. › Whether irregularity caused distinct prejudice
6. › Supreme Court Act 1970 (NSW), s 101(2)(r)
1. Practice and Procedure
2. › Summary dismissal
3. › No reasonable cause of action disclosed
4. › Striking out notice of appeal
5. › Whether grounds of appeal identify arguable error by court below
6. › Uniform Civil Procedure Rules 2005 (NSW), rr 13.4(1), 51.18
1. Limitation of Actions
2. › Suspension of time
3. › Disability
4. › Restraint or detention in foreign country
5. › Whether period of incarceration alone sufficient to bring claim within time
6. › Whether new grounds not raised below may be raised on appeal
7. › Limitation Act 1969 (NSW), ss 11, 52, 55

Quick Take

An extension of time to appeal will be refused where, despite a reasonable explanation for delay and no distinct prejudice to the respondent, the appellant has failed after multiple attempts to articulate any reasonably or fairly arguable ground of appeal, rendering the extension futile.