Cafe du Liban Pty Ltd v Bespoke Garage Pty Ltd [2018] NSWCA 234

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Cafe du Liban Pty Ltd v Bespoke Garage Pty Ltd [2018] NSWCA 234 Hearing dates: On the papers Decision date: 18 October 2018 Before: Meagher JA; Emmett AJA Decision: 1. Mr Ekes' application for leave to file and serve a notice of ceasing to act is granted. 2. The application for extension of time in which to seek leave to appeal is refused. 3. The summons seeking leave to appeal is dismissed. 4. The applicants are to pay the respondent's costs of the summons. Catchwords: PRACTICE AND PROCEDURE – application for extension of time to apply for leave to appeal – period of unexplained delay by applicants – costs incurred by respondent seeking to enforce judgment – small amount in issue on proposed ground of appeal that is reasonably arguable – no issue of principle Legislation Cited: Supreme Court Act 1970 (NSW), s 101 Uniform Civil Procedure Rules 2005 (NSW), rr 7.29, 51.10 Cases Cited: Crawford Fitting Co v Sydney Valve & Fittings Pty Ltd (1988) 14 NSWLR 438 Daily Examiner Pty Ltd v Mundine; Brown v Mundine [2012] NSWCA 195 Horseshoe Pastoral Co Pty Ltd v Rixon [2018] NSWCA 121 Paciocco v Australia and New Zealand Banking Group Ltd (2016) 258 CLR 525; [2016] HCA 28 Plenty v Gladwin [1986] HCA 55; (1986) 60 ALJR 665 Suttor v Gundowda Pty Ltd (1950) 81 CLR 418 The Age Company Ltd v Liu (2013) 82 NSWLR 268; [2013] NSWCA 26 Category: Principal judgment Parties: Cafe du Liban Pty Ltd (First Applicant) Dorothy Krahe (Second Applicant) Bespoke Garage Pty Ltd (Respondent) Representation: Ms Krahe (self-represented and for Second Applicant)