Ezekiel-Hart v Reis

Ezekiel-Hart (applicant) sought leave to appeal from a summary judgment entered against him in favour of Reis (respondent). The applicant also sought an extension of time to lodge his appeal.

The court was required to determine whether there were errors in the primary judge's decision to grant summary judgment, and whether there were arguable grounds of appeal. Additionally, the court had to consider whether the primary judge erred in refusing an application for an extension of time to lodge the appeal, specifically in relation to the primary judge's satisfaction regarding the reasonableness of commencing defamation proceedings within the prescribed time.

Mossop J found that there were no errors in the primary judge's decision regarding summary judgment and that there were no arguable grounds of appeal. Furthermore, his Honour determined that the primary judge did not err in refusing the application for an extension of time to lodge the appeal, as the primary judge had correctly assessed the reasonableness of the plaintiff's actions in commencing defamation proceedings.

The application for leave to appeal and the application for an extension of time to appeal were dismissed.