PULEO v CORRA SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL MAHONEY JA 26 June 1995 [1995] NSWCA 382 Mahoney JA. This is an application for extension of time to appeal against a judgment given by Grogan DCJ on 27 January 1995. An application has been made for a copy of the judgment but to date that copy has not been able to be obtained. The explanation for this has been set forth in the material which is before me. It appears that those concerned with the mechanism for producing copies of these judgments have not been available and until the present time his Honour has not been available to certify the judgment. I can understand that a prospective appellant may desire to avoid paying the large sum necessary in order to initiate an appeal if there is a real possibility that the appeal will not proceed. On the other hand, I think a successful party is entitled to know, and know within reasonable time, whether the appeal is to be pursued notwithstanding the difficulties which may arise in relation to the mechanisms for the obtaining of a copy of the judgment. It appears, from the evidence, that the judge is presently not available to certify a copy of the judgment but no doubt he will be available in the near future. I amconscious of what is said in the affidavits, and I do not doubt that if the matter be brought to his attention he will do something to expedite what is necessary to be done. In those circumstances, I will direct that the time for filing the notice of appeal be extended for a period of three weeks from today. I am afraid that, within that time, whether a copy of the judgment is available or not, the appeal should be filed. That will start the mechanisms relating to the hearing of the appeal moving and will prevent unnecessary further delay should the applicant decide to pursue the appeal in this Court. The respondent party is entitled to have the matter brought to a head as soon as may be and I think in the circumstances an order to the effect that I have referred to is the proper order to be made. I will, therefore, order that time for filing the appeal be extended to 17 July 1995. The costs of today, gentlemen, I think should be the respondent's costs in the appeal. That is, if he succeeds in the appeal he should have the costs but if you succeed, Mr Joseph, you will not have the costs because right or wrong, you brought this matter upon yourself. Costs of the application to be the respondent's costs in the appeal. If the appeal is not pursued, the applicant is to pay the respondent's costs in any event. Orders accordingly.