Cafe du Liban Pty Ltd v Bespoke Garage Pty Ltd

Cafe du Liban Pty Ltd and others (the applicants) sought an extension of time to apply for leave to appeal a decision of the Supreme Court of New South Wales. The respondent, Bespoke Garage Pty Ltd, had obtained a judgment against the applicants, and the applicants wished to appeal this judgment. The application for an extension of time was heard by Meagher JA and Emmett AJA of the Court of Appeal of the Supreme Court of New South Wales.

The primary legal issue before the Court of Appeal was whether to grant the applicants an extension of time to seek leave to appeal. This involved considering the applicants' unexplained delay in bringing the application, the costs incurred by the respondent in enforcing the judgment, the arguable nature of the proposed grounds of appeal, and whether the appeal raised any significant issue of principle.

The Court of Appeal refused the application for an extension of time. Their Honours noted the significant and unexplained delay on the part of the applicants. While acknowledging that the proposed ground of appeal was reasonably arguable and involved a small amount in issue, the Court found that these factors were insufficient to outweigh the prejudice to the respondent caused by the delay and the lack of any compelling reason for the applicants' tardiness. The Court also granted an application by Mr Ekes for leave to file and serve a notice of ceasing to act. Consequently, the summons seeking leave to appeal was dismissed, and the applicants were ordered to pay the respondent's costs of the summons.