Nguyen v Nguyen [2021] NSWCA 161

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Nguyen v Nguyen [2021] NSWCA 161 Hearing dates: 23 July 2021 Date of orders: 03 August 2021 Decision date: 03 August 2021 Before: Bell P; Meagher JA Decision: 1. Application for extension of time to appeal refused with costs. 2. Application for leave to appeal dismissed with costs. Catchwords: APPEAL – where applicant incorrectly filed an application for leave to appeal – where, although leave to appeal was not required, an extension of time in which to bring the appeal was required – no satisfactory explanation provided for delay in commencing appeal proceedings – where no injustice would be suffered by the applicant if an extension of time to appeal was refused – application for extension of time to appeal refused Legislation Cited: Conveyancing Act 1919 (NSW) s 66G Supreme Court Rules 1970 (NSW) Pt 51, r 56(1) Uniform Civil Procedure Rules 2005 (NSW) rr 51.8, 51.9(1), 51.16(1)(c) Cases Cited: Dyason v Butterworth [2015] NSWCA 52 Gallow v The Honourable Justice Dawson (1990) 64 ALJR 458; [1990] HCA 30 Gilmore Finance Pty Ltd v Aesthete No 3 Pty Ltd [2020] NSWCA 114 Mohareb v Saratoga Marine Pty Ltd [2020] NSWCA 235 O'Hare v Bradfield Bentley Pty Ltd (in liq) [2019] NSWCA 122 Renshaw v New South Wales Lotteries Corporation Pty Ltd [2021] NSWCA 41 Rizk v FA Constructions Australia Pty Ltd (No 2) [2016] NSWCA 203 Tomko v Palasty (No 2) (2007) 71 NSWLR 61; [2007] NSWCA 369 Category: Principal judgment Parties: Anh Tuan Nguyen (Applicant) Thi Anh Thuy Nguyen (Respondent) Representation: Counsel: