Gajic v Harb

Gajic v Harb involved a dispute between the parties in the County Court of Victoria. The applicant sought an extension of time to appeal from a decision of the County Court. The primary issue before the court was whether the applicant had a justifiable reason for the substantial delay in bringing the appeal, and if the lack of legal representation at trial constituted a denial of procedural fairness.

The court considered the statutory provision under the County Court Act 1958 (Vic) s 74(2)(a) which outlines the criteria for granting an extension of time for an appeal. It examined the reasons provided by the applicant for the delay, including the impact of the COVID-19 pandemic and the applicant's lack of legal representation at the time of the trial. The court also evaluated whether the applicant's lack of representation at the trial was a significant factor that warranted an extension of time for the appeal. After thorough deliberation, the court determined that the applicant had not demonstrated sufficient grounds to justify the delay or that the lack of representation constituted a denial of procedural fairness.

The court ultimately refused the application for an extension of time to appeal. It found that the applicant had not provided a compelling reason for the delay and that the absence of legal representation at the trial did not entitle the applicant to an extension of time. Consequently, the applicant's appeal was dismissed due to the failure to meet the statutory requirements for an extension.