Akhras v Watts Publishing Australia and New Zealand Pty Ltd [2014] NSWCA 195

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Akhras v Watts Publishing Australia and New Zealand Pty Ltd [2014] NSWCA 195 Hearing dates: 18 June 2014 Decision date: 18 June 2014 Before: McColl JA at [1]; Basten JA at [2] Decision: (1) Dismiss the application for an extension of time within which either to appeal or to seek leave to appeal. (2) To the extent necessary to dispose of the proceedings, dismiss the summons and the notice of appeal. (3) No order as to costs in this Court. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PRACTICE AND PROCEDURE - appeal - application to extend time - decision of Administrative Decisions Tribunal - notice of intention to appeal filed out of time - summons seeking leave to appeal filed shortly out of time - notice of appeal not served until a month after filing - no explanation of delay - whether prejudice to respondent from delay - whether applicant has a fairly arguable case - Uniform Civil Procedure Rules 2005, r 51.9 Cases Cited: Jackamarra v Krakouer [1998] HCA 27; 195 CLR 516 Tomko v Palasty (No 2) [2007] NSWCA 369; 71 NSWLR 61 Category: Principal judgment Parties: Edward Hanna Akhras (Applicant) Watts Publishing Australia and New Zealand Pty Ltd (First Respondent) Allianz Australia Insurance Ltd (Second Respondent) Representation: Counsel: Applicant self-represented Mr D Hanna (Respondents) Solicitors: Applicant self-represented Gillis Delaney Lawyers (Respondents) File Number(s): CA 2013/382730 Decision under appeal Jurisdiction: 9101 Date of Decision: 2005-12-06 00:00:00 Before: Walmsley DCJ File Number(s): DC 2004/188434