The applicant sought an extension of time to appeal an order setting aside the renewal of his claim. The claim was for over AUD 17 million in damages. The claim had been renewed by the Registrar under rule 24 UCPR, but then set aside by a judge of the trial division under rule 16 UCPR. The Court of Appeal considered the merits of the underlying appeal in granting the extension of time, but then dismissing the appeal (with costs). The Court found that, since the evidence indicated that the appellant had chosen for his own reasons not to serve the claim within the time allowed under the UCPR, he could not show a ‘good reason’ for the claim to be renewed.
David Chesterman appeared for the respondents, instructed by Corrs Chambers Westgarth.
The judgment is available here.