NSW Caselaw
New South Wales Court of Appeal
CITATION: Haemmerle v Proctor [2007] NSWCA 260
HEARING DATE(S): 17 September 2007 JUDGMENT OF: Giles JA
EX TEMPORE JUDGMENT DATE: 17 September 2007
DECISION: Notice of motion filed on 27 June 2007 dismissed. The notice of appeal with appointment which was filed dismissed. The appellant to pay the respondent's costs.
CATCHWORDS: APPEAL - extension of time to file notice of appeal - adjustment of interests under Property (Relationships) Act - real property transferred to respondent with provision for relatively small payment to appellant - respondent sold it and spent money on buying home - respondent unwell - extension of time would work injustice on respondent - necessity to consider prospects of success in appeal in order to see what injustice to appellant in declining extension of time - prospects assessed as remote - evaluation made despite inability to examine all the evidence - extension of time refused.
LEGISLATION CITED: Property (Relationships) Act 1984
CASES CITED: Gallo v Dawson (1990) 93 ALR 479; Jackamarra v Krakouer (1998) 195 CLR 516.
PARTIES: Maria Haemmerle - Appellant Edward James Proctor - Respondent
FILE NUMBER(S): CA 40498/07
COUNSEL: Appellant in person M Sidwell - Respondent
SOLICITORS: In person Carlo Bianchino, Coffs Harbour - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): Coffs Harbour 75/04
LOWER COURT JUDICIAL OFFICER: Sidis DCJ
LOWER COURT DATE OF DECISION: 9 November 2006
LOWER COURT MEDIUM NEUTRAL CITATION: Proctor v Haemmerle [2006] NSWDC 108
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