Coren v Master Builders Association of New South Wales Pty Ltd

The applicant, Coren, sought an extension of time to file a summons seeking leave to appeal against an order of the primary court that struck out their claim for want of prosecution. The respondent was the Master Builders Association of New South Wales Pty Ltd. The appeal concerned the applicant's failure to prosecute their claim in a timely manner, which formed the basis for the primary court's decision to strike out the proceedings.

The central legal issue before the Court of Appeal was whether the applicant had established an arguable ground of appeal, particularly in light of the lack of explanation for the delay in prosecuting the original claim. This also encompassed the question of whether an extension of time should be granted for the applicant to seek leave to appeal, given the circumstances that led to the claim being struck out.

The Court of Appeal refused to grant an extension of time. Their reasoning focused on the applicant's failure to provide any explanation for the delay in prosecuting the claim, which was the very reason the claim had been struck out in the first place. Without a satisfactory explanation for the initial delay, the Court found no arguable ground of appeal and therefore no basis to grant an extension of time. Consequently, the summons seeking leave to appeal was dismissed as incompetent, and the applicant was ordered to pay the respondent's costs.