MOTOR ACCIDENT MUTUAL INSURANCE PTY LTD v KELLY [1996] NSWCA 371

MOTOR ACCIDENT MUTUAL INSURANCE PTY LTD v KELLY SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

SHELLER JA 26 February 1996

[1996] NSWCA 371

Sheller JA. This is an application for an extension of time within which to appeal from orders and judgment of Moore DCJ on 10 October 1995. The delay is not explained in a fashion that I regard as particularly satisfactory. Furthermore, up to this point of time it has not been possible to obtain his Honour's reasons for judgment.

It seems that on an earlier date his Honour entered a verdict but stood over for further submissions questions relating to interest.

I have been told from the Bar table that the matter in issue at the trial was a claim by an insured against the insurer for loss of the plaintiff's motor vehicle. Apparently there were questions of law concerning disclosure. There were also questions about the heads under which damages were payable.

I am satisfied that the claimant should, in the circumstances of the case, be allowed further time in which to file a notice of appeal and I propose to extend that time to 4pm on 28 February 1996.

The claimant also makes an application for a stay. The information about this is sketchy. I am not prepared at this time to grant any greater stay than one for fourteen days. The purpose of that time is to enable the parties to put before the Court information which would enable the matter to be properly considered if an extension of the stay is pursued.

Accordingly the orders I make are that the time for filing a notice of appeal is extended to 4pm on 28 February 1996. Execution of the judgment is stayed up to 4pm on 11 March 1996. This application, in so far as it is an application for a stay, is stood over to 11 March 1996. The claimant is to pay the opponent's costs of the application for an extension of time to appeal.