Dimitriou v Huybers

The appeal concerned an application by the first, second, and third appellants to extend time for compliance with a procedural direction previously made by Beazley P on 5 June 2017. The original direction was a self-executing order, meaning that failure to comply would result in the dismissal of the appeal. The application to extend time was made after the expiry of the original compliance period. The Court of Appeal of New South Wales was required to determine whether a satisfactory explanation had been provided for the failure to comply with the procedural direction and whether the appeal itself was devoid of merit, noting that no issue of principle arose.

Meagher JA considered the appellants' explanation for their non-compliance and found it to be unsatisfactory. The court applied the principles governing applications for extensions of time, particularly in circumstances where a self-executing order has taken effect. The court's reasoning focused on the need for a compelling reason to grant an extension after the expiry of time and the absence of any substantial merit in the underlying appeal.

The court ordered that the application by the first, second, and third appellants to extend time for compliance with the order of 5 June 2017 be dismissed. Further, the court dismissed the remaining applications for relief sought in the Amended Notice of Motion filed on 25 September 2017. Consequently, the first, second, and third appellants were ordered to pay the costs of the first, second, and third respondents in relation to that Amended Notice of Motion.