Storehouse Managed Investments Limited v Perpetual Nominees Limited [2016] NSWCA 252

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Storehouse Managed Investments Limited v Perpetual Nominees Limited [2016] NSWCA 252 Hearing dates: 16 August 2016 Decision date: 16 August 2016 Before: Beazley ACJ; Simpson JA Decision: 1. Refuse the application for extension of time for filing the summons for leave to appeal;

2. The applicant is to pay the respondents' costs of the proceedings in the Court of Appeal being the summons seeking leave to appeal and the application for an extension of time in which to bring the summons, those costs to be paid on an indemnity basis;

3. The applicant is not entitled to have recourse to the assets of the Storehouse Property Investment Trust by way of indemnity for the costs so ordered by this Court nor is it to have recourse to the assets of the Storehouse Property Investment Trust for its own costs of the proceedings in this Court. Catchwords: PRACTICE & PROCEDURE – appeals – summons for leave to appeal out of time –whether extension of time should be granted – no relevant injustice – no explanation for delay in filing summons – proposed draft notice of appeal substantially abandoned at hearing Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Daily Examiner Pty Ltd v Mundine [2012] NSWCA 195 Richards v Cornford (No 3) [2010] NSWCA 134 Category: Principal judgment Parties: Storehouse Managed Investments Limited (Applicant) Perpetual Nominees Limited (First Respondent) The Trust Company (Nominees) Limited (Second Respondent) Representation: Counsel: W Van Ede (Solicitor) (Applicant) G Sirtes SC; M Kaylk (Respondents)