Argos Pty Ltd v Corbell

Argos Pty Ltd (appellants) sought to vary the times stipulated by the Court Procedures Rules 2006 (ACT) for filing and serving summaries of argument and lists of authorities. The respondents opposed this application. The matter came before the Court of Appeal of the Supreme Court of the Australian Capital Territory.

The central legal issue before the Court of Appeal was whether it was appropriate, pursuant to rule 5438(1) of the Court Procedures Rules 2006 (ACT), to grant an extension of time for the parties to comply with the filing and service requirements for their respective summaries of argument and lists of authorities, as mandated by rules 5439 and 5440.

The Court considered the application and determined that varying the prescribed times was appropriate. It reasoned that such a variation would facilitate the orderly and efficient conduct of the appeal process. Consequently, the Court made orders that the appellants were to file and serve their summaries of argument and lists of authorities by 3 December 2012, and the respondents were to do so by 24 December 2012. Further, the appellants were granted leave to file and serve any written summary of arguments in reply by 11 February 2013.