Brolrik Pty Ltd v Sambah Holdings Pty Ltd

Brolrik Pty Ltd applied to the Court for leave to apply for review of an order made by the Registrar, out of time. The original order was made in the context of a dispute between Brolrik Pty Ltd and Sambah Holdings Pty Ltd regarding costs. The application for leave to apply for review was made late, and the Court had to determine whether it should grant an extension of time for the making of the application. The Court also had to decide whether an application for assessment of costs and a review thereof were proceedings within the meaning of the relevant legislation, and whether relief was available under either of sections 208L or 208M without a prior review.

The central issue before the Court was whether it had the discretion to extend the time for bringing an application under either of sections 208L or 208M, given that an application for assessment of costs and a review thereof were not proceedings in the Court. The Court had to consider the relevant discretionary considerations, including whether there was a good reason for the delay, whether the other party would be prejudiced if the application was allowed, and whether the application had a reasonable prospect of success. The Court noted that section 208L of the legislation provided for the assessment of costs, while section 208M provided for the review of a decision to assess costs. The Court also had to determine whether relief was available under either of these sections without a prior review.

After considering the relevant legislation and authorities, the Court held that it did have the discretion to extend the time for bringing an application under either of sections 208L or 208M, even though an application for assessment of costs and a review thereof were not proceedings in the Court. The Court found that there was a good reason for the delay, that the other party would not be prejudiced if the application was allowed, and that the application had a reasonable prospect of success. The Court also held that relief was available under either of these sections without a prior review, as the legislation did not require a prior review before an application could be made. The Court granted leave for the application to be made out of time.

The Court ordered that leave be granted for Brolrik Pty Ltd to apply for review of the Registrar's order, out of time. The Court also ordered that the application for assessment of costs and a review thereof were not proceedings in the Court, but that relief was available under either of sections 208L or 208M without a prior review. Finally, the Court held that it had the discretion to extend the time for bringing an application under either of these sections, and that the relevant discretionary considerations had been satisfied in this case.