BROWN BROS (MARINE) PTY LTD T/as HARBOUR SERVICES GLEN ROY HARGRAVES [1990] NSWCA 32

BROWN BROS (MARINE) PTY LTD T/as HARBOUR SERVICES GLEN ROY HARGRAVES

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE JA 10 September 1990 [1990] NSWCA 32

Clarke JA This is an application for an order that time for filing of an appeal be extended. I am, however, informed that the notice of appeal, a copy of which is annexed to the affidavit of Mr Gifford Moore sworn 5 August 1990 was filed within time. I also understand that the solicitors for the respondent take the view that it was filed within time. Accordingly, there is no purpose to be served by granting the extension of time for the filing of the notice. Even if I were to extend time, I would do so for a specific period, such as 14 days. I note that in the notice of motion, an order is sought that the notice of appeal be filed within two weeks of the reasons for judgment becoming available. That is not an order which I would normally make. The problem seems to be that the written reasons for judgment of Patton AJ are not available and, having regard to the form of the notice of appeal, it is almost certain that an application will be made to amend that notice to specify with more particularity the grounds of appeal, once reasons are available.

I do not regard the present notice of motion as an appropriate vehicle for achieving the object sought which is to ensure that consent is given to an amendment when the reasons ultimately are available. I would say, however, that I can understand why the notice of appeal is drafted in general language and I would expect the legal representatives of the appellant to formulate the final notice of appeal with much greater care, once the reasons have become available. Bearing in mind the promptness with which the appellant has moved in bringing to the attention of the Court its difficulties I would anticipate, without in any way seeking to bind the Court, that it would almost certainly be given leave to file an amended notice of appeal provided there is no great delay.