Glad Retail Cleaning Pty Ltd v Alvarenga

Glad Retail Cleaning Pty Ltd sought an extension of time to file a notice of appeal in proceedings brought by Mrs Carolina Alvarenga. The dispute concerned the enforcement of a judgment against Glad Retail Cleaning Pty Ltd as a joint tortfeasor, despite Glad Retail Cleaning Pty Ltd having already paid its assessed share of the judgment to the plaintiff. An appeal by another defendant, Mirvac Real Estate Pty Limited, was already on foot. The court was required to determine whether to grant Glad Retail Cleaning Pty Ltd an extension of time to appeal.

The court considered the circumstances surrounding the plaintiff's claim for the full judgment amount against Glad Retail Cleaning Pty Ltd, even though Glad Retail Cleaning Pty Ltd had already satisfied its portion of the liability. This was particularly relevant given that the other joint tortfeasor, Mirvac Real Estate Pty Limited, had appealed within the time limits and had not yet paid its share of the judgment. The court also noted that the plaintiff may have already lost workers compensation entitlements due to receiving payment from Glad Retail Cleaning Pty Ltd, irrespective of the outcome of either appeal.

The court granted leave to Glad Retail Cleaning Pty Limited to file an amended notice of appeal within seven days. The notice of motion filed by Mirvac Real Estate Pty Limited seeking an extension of time was stood over to be determined with the substantive appeal. Liberty was granted to Mirvac Real Estate Pty Limited and Mrs Alvarenga to adduce further evidence in relation to Mirvac's motion. The court also set timelines for the filing of appeal books, written submissions, and scheduled the hearing of the appeals. Mirvac Real Estate Pty Limited was ordered to pay the costs of Glad Retail Cleaning Pty Limited and Mrs Alvarenga in respect of its notice of motion, with each party bearing their own costs for Glad Retail Cleaning Pty Limited's notice of motion.