Duraisamy v Sydney Trains
Case
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[2019] NSWCA 269
•06 November 2019
Details
AGLC
Case
Decision Date
Duraisamy v Sydney Trains [2019] NSWCA 269
[2019] NSWCA 269
06 November 2019
CaseChat Overview and Summary
The applicant, Mr. Duraisamy, sought extensions of time to file a summons seeking leave to appeal and a summons seeking judicial review against the respondent, Sydney Trains. The applications were heard by Bell P, Macfarlan and Payne JJA in the Court of Appeal of New South Wales.
The primary legal issues before the Court of Appeal were whether to grant an extension of time for the applicant to file his summons seeking leave to appeal and his summons seeking judicial review. The court was required to consider the merits of these applications and whether there was any issue of principle that warranted granting the extensions.
The Court of Appeal refused the applications for extensions of time. The court found that there was no issue of principle that justified granting the applicant further time to pursue his appeals or judicial review. Consequently, the court dismissed the summonses and ordered the applicant to pay the respondent's costs of the applications.
The primary legal issues before the Court of Appeal were whether to grant an extension of time for the applicant to file his summons seeking leave to appeal and his summons seeking judicial review. The court was required to consider the merits of these applications and whether there was any issue of principle that warranted granting the extensions.
The Court of Appeal refused the applications for extensions of time. The court found that there was no issue of principle that justified granting the applicant further time to pursue his appeals or judicial review. Consequently, the court dismissed the summonses and ordered the applicant to pay the respondent's costs of the applications.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Administrative Law
Legal Concepts
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Appeal
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Judicial Review
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Costs
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Limitation Periods
Actions
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Most Recent Citation
High Court Bulletin [2020] HCAB 1
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Cases Cited
5
Statutory Material Cited
1
PPK Willoughby Pty Ltd v Baird
[2019] NSWCA 48
Gee v Office of the Director of Public Prosecutions
[2019] NSWCA 257
Ashok Kumar Duraisamy v Sydney Trains
[2019] NSWSC 199