Conquip Holdings Pty Ltd v S & a Restaurant Corp

Conquip Holdings Pty Ltd sought to strike out an appeal by S & A Restaurant Corp, arguing that the appeal was filed out of time and that S & A had not provided sufficient grounds to justify an extension of time. The matter came before the Supreme Court of Queensland.

The primary legal issue before the Court was whether S & A Restaurant Corp had established a sufficient case to warrant an extension of time for filing its appeal. This involved assessing the adequacy of the reasons provided by S & A for the delay in lodging the appeal.

The Court found that the reasons advanced by S & A, including the involvement of its United States attorney in separate litigation in the US, did not constitute a proper justification for the delay. The Court concluded that these reasons were insufficient to satisfy the requirements for granting an extension of time.

Consequently, the Court ordered that the appeal be struck out.