Burke v Yurilla S.A. Pty Ltd

Case

[1993] HCATrans 245


Details
AGLC Case Decision Date
Burke v Yurilla S.A. Pty Ltd [1993] HCATrans 245 [1993] HCATrans 245

CaseChat Overview and Summary

This matter came before the High Court of Australia on an application for special leave to appeal. The applicant, Mr P.O. Burke, appeared in person and sought an extension of time to file his application. The respondents, Yurilla S.A. Pty Ltd and others, were represented by counsel and opposed the extension of time.

The primary legal issues before the Court were whether to grant Mr Burke an extension of time to file his application for special leave and, in conjunction with that, whether to grant him leave to appear in person. Mr Burke also indicated that he wished to argue the substantive grounds of his intended appeal, which concerned a restrictive covenant forming part of a building scheme.

Mr Burke sought an extension of time due to difficulties in obtaining legal representation and the fact that he was acting in person without remuneration. He explained that he had been involved in continuous legal proceedings for over eight years, which had prevented him from attending to this matter sooner. The respondents opposed the extension of time.

The Court considered Mr Burke's submissions regarding his need for an extension of time and his request to appear in person. The transcript indicates that the Court was in the process of hearing arguments on these preliminary matters.
Details

Areas of Law

  • Civil Procedure

  • Contract Law

  • Property Law

Legal Concepts

  • Appeal

  • Costs

  • Jurisdiction

  • Procedural Fairness

  • Standing

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

2

Deguisa v Lynn [2019] SASCFC 107
Cases Cited

0

Statutory Material Cited

0