Collins v Attorney General of New South Wales

Case

[2013] NSWCA 208

09 July 2013


Details
AGLC Case Decision Date
Collins v Attorney General of New South Wales [2013] NSWCA 208 [2013] NSWCA 208 09 July 2013

CaseChat Overview and Summary

In *Collins v Attorney General of New South Wales*, the applicant, a tutor, sought an extension of time to file a summons for leave to appeal against a costs order made against him personally. The appeal was to be heard by McColl and Gleeson JJA of the Court of Appeal of New South Wales.

The primary legal issues before the Court were whether the applicant had provided an adequate explanation for the delay in filing his application for leave to appeal, and whether he possessed a fairly arguable case that would justify granting such an extension. The Court also considered the principles governing the personal liability of a tutor for costs.

The Court dismissed the application for an extension of time. In doing so, it applied the principles that an applicant seeking an extension of time must demonstrate both a substantial reason for the delay and that they have an arguable case. The Court found that the applicant had failed to satisfy these requirements, and therefore, an extension of time was not warranted.

The application for an extension of time to file the summons for leave to appeal was dismissed with costs.
Details

Areas of Law

  • Civil Procedure

  • Statutory Interpretation

Legal Concepts

  • Appeal

  • Costs

  • Procedural Fairness

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Most Recent Citation
High Court Bulletin [2013] HCAB 10

Cases Citing This Decision

2

Attorney General of NSW v X [2013] NSWSC 1392
High Court Bulletin [2013] HCAB 10
Cases Cited

11

Statutory Material Cited

5

Gallo v Dawson [1990] HCA 30
Tomko v Palasty (No 2) [2007] NSWCA 369