Australian Jade Mining Limited v Li [2021] NSWCA 251

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Australian Jade Mining Limited v Li [2021] NSWCA 251 Hearing dates: 14 October 2021 Date of orders: 20 October 2021 Decision date: 20 October 2021 Before: Macfarlan JA Decision: (1) Decline to extend the time for the filing of the Notice of Appeal. (2) Dismiss the appeal on the basis that it is out of time. (3) Order the appellants to pay the respondent's costs of the appeal. Catchwords: APPEALS – procedure – application to extend time for filing Notice of Appeal – no realistic prospect of success on appeal – no reasonable explanation for delay – extension of time refused and appeal dismissed Legislation Cited: Australian Consumer Law (NSW) Fair Trading Act 1987 (NSW), ss 27, 28, 32 Uniform Civil Procedure Rules 2005 (NSW), r 14.14(2) Cases Cited: Houghton v Arms (2006) 225 CLR 553; [2006] HCA 59 O'Brien v Dawson (1942) 66 CLR 18; [1942] HCA 8 Suttor v Gundowda Pty Ltd (1950) 81 CLR 418; [1950] HCA 35 Category: Procedural rulings Parties: Australian Jade Mining Limited (First Appellant) De Hong Yu (Second Appellant) Haolin Li (Respondent) Representation: Counsel: T Atkin (solicitor) (Appellants) D Robertson (Respondent)

Solicitors: Maddocks Lawyers (Appellants) Lin Tang & Co Lawyers (Respondent) File Number(s): 2021/112443 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Civil Citation: [2021] NSWDC 93 Date of Decision: 26 March 2021 Before: A Coleman SC DCJ File Number(s): 2019/363268