Brian Choi (Also known as Hyung Seok Choi) v Kwangsu Choi as Trustee for the Choi Family Trust

The case involved Brian Choi, also known as Hyung Seok Choi, who was appealing against a decision of Kwangsu Choi, acting as the trustee for the Choi Family Trust. The dispute was centred around a building-related matter, and the appeal was brought before the court in the form of an application for leave to appeal or an appeal, following a default judgment that had been entered due to the appellant's failure to attend a compulsory conference. The court had to determine whether the application for leave to appeal or the appeal itself should proceed as an application to set aside a default decision or as a direct appeal.

The primary legal issue before the court was whether it was appropriate to grant an extension of time to file the application for leave to appeal or the appeal itself. The court considered the circumstances surrounding the service of proceedings and the requirement set by the tribunal for the matter to proceed in this specific manner. The appellant argued that it was in the interests of justice to allow the extension, given the tribunal's directive and the appellant's failure to attend the compulsory conference.

In delivering the judgment, the court held that it was not in the interests of justice to refuse an extension of time to file the application for leave to appeal or the appeal in the circumstances presented. The tribunal had already mandated that the matter should proceed in this way, and the appellant's non-attendance at the compulsory conference was a significant factor. The court concluded that granting the extension would align with the interests of justice and allow the appellant to effectively pursue their appeal.

The court ordered that an extension of time to file the application for leave to appeal or the appeal be granted, effective from the date of filing on 17 December 2019. This decision ensures that the appellant can proceed with their appeal in accordance with the tribunal's requirements and without undue prejudice resulting from their previous non-attendance.