Gemstar Co Pty Ltd v Barwicks Wisewoulds

[2000] QCA 269

[2000] QCA 269

COURT OF APPEAL

McPHERSON JA
THOMAS JA
MULLINS J

Appeal No 5336 of 2000

GEMSTAR CORPORATION PTY LTD           Applicant (Applicant)

and

BARWICKS WISEWOULDS                Respondent(Respondent)

BRISBANE

..DATE 10/07/2000

JUDGMENT

McPHERSON JA:  This is an application to extend the time for lodging an appeal against a decision of a Judge of the Supreme Court in a matter involving a costs agreement between a solicitor and a client.

If the question in this case turned upon whether or not there was a point of law which would attract our attention, or indeed any question of concern to the practitioners or the community in general, I very much doubt if I would be prepared to grant leave to appeal in this case.

But it is not a case of that kind.  It is a case in which the only question is whether the late filing of a notice of appeal should be overlooked. The delay involved is that of about one or two working days at most and I think in the circumstances we should grant the extension of time within which to lodge this appeal on terms of course that the applicant, whose fault it is, should pay the respondent’s costs of this application.

THOMAS JA:  I agree.

MULLINS J:  I agree.