WEST v FORBES SHIRE COUNCIL [1990] NSWCA 187

WEST v FORBES SHIRE COUNCIL

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLEY JA 7 May 1990

[1990] NSWCA 187

Priestley JA This application is made by Mr West in person, seeking that time be extended for the lodgment of a notice of appeal against an order made by Sharpe J on 11 August 1989.

In that order, Sharpe J transferred proceedings commenced in the Supreme Court to the District Court held at Sydney. That is the only matter against which Mr West would have been able to appeal had he done so in time.

In order to get an extension of time, he needed to persuade the court that he had some valid reason for the delay between last August and 11 April this year when he filed his papers and also that he had some prospects of success if time were extended and the appeal were allowed to go forward.

The summons by which he began his claim was filed on 11 January 1988 and claimed damages for eviction without an eviction order. It appears from the papers filed in respect of the appeal, and what Mr West has said today, that he would wish at the hearing of the merits of this matter to widen that claim by alleging defamation, larceny and character assassination.

The incident out of which the case arises happened on 4 January 1982, according to one of the documents filed by Mr West.

Taking the most generous approach to his claims and assuming he could bring them to their full extent, before the court would interfere with the order sending the matter to the District Court, it would need to have some reason to think that Mr West's damages might exceed $100,000. There is no material before the court which, to my mind, indicates that Mr West, even if he is successful to the fullest extent against the Council, is likely to obtain an award of damages greater than that amount.

He has mentioned in his papers that he is seeking $100,000,000 damages. This indicates that he has a somewhat unrealistic attitude towards the potential of his case. Something less than $100,000 is all that any reasonable approach suggests as possible for the complaints that he has against the Council.