G & M Dawson Pty Limited v Cripps & Ors (No 3) (RLD)

G & M Dawson Pty Limited filed an appeal against Cripps and others, with the appeal being the third instance in a series of legal disputes between the parties. The case was heard by the Supreme Court of New South Wales, which had to determine whether the appellants should be granted leave to appeal out of time. The appellants argued that the primary judge did not consider all relevant factors in determining whether to grant leave to appeal out of time. The primary judge had considered whether the appeal had a reasonable prospect of success, the delay in lodging the appeal, and the prejudice to the respondents if leave was granted. The appellants contended that the primary judge should have also considered the appellants' conduct, the degree of fault of the appellants, and the appellants' ability to pay the respondents' costs if the appeal was dismissed.

The court considered the relevant considerations for granting leave to appeal out of time, including the prospects of success, delay, and prejudice to the respondents. The court held that the primary judge had correctly identified the relevant considerations and had given them appropriate weight. The court found that the primary judge had not erred in failing to consider the appellants' conduct, degree of fault, and ability to pay costs, as these were not relevant considerations for the grant of leave to appeal out of time. The court held that the primary judge had exercised his discretion properly, and the appellants were not entitled to leave to appeal out of time.

Accordingly, the court dismissed all three appeals and made no orders for costs on these appeals. The court held that the primary judge had correctly exercised his discretion in denying the appellants leave to appeal out of time, and that the appellants' conduct, degree of fault, and ability to pay costs were irrelevant considerations. The court also found that the primary judge had considered all relevant factors in determining whether to grant leave to appeal out of time, and that the appellants had not demonstrated any error in the primary judge's reasoning.