Harrison & Ward

The case of Harrison & Ward involved an appeal where the applicant sought to extend time to file a Notice of Appeal. The matter was heard by the Family Court of Australia. The applicant argued that there was merit in the grounds of appeal and that there was a reasonable excuse for the delay. The first respondent argued that there was no merit in the appeal and that the applicant had no reasonable excuse for the delay. The first respondent also sought an order preventing the applicant from filing any further applications against her until he complied with previous orders. Additionally, the first respondent sought an order for indemnity costs against the applicant.

The court found that there was no merit in the asserted grounds of appeal and that there was no reasonable excuse for the delay. The court was not persuaded that the proceedings previously brought by the applicant in various courts met the definition of vexatious proceedings in s 102Q. The court held that strict adherence to r 22.53(3) would cause injustice, and it was appropriate to dispense with the strict application of that rule pursuant to r 1.12(1). The court found that the circumstances were extraordinary and that an order for indemnity costs was appropriate. The applicant was ordered to pay the first respondent’s costs in a fixed sum.

The appeal number NOA24 of 2018 was deemed abandoned, and the application in an appeal filed 29 May 2018 was dismissed. The applicant was ordered to pay the first respondent’s costs of and incidental to the application in an appeal fixed in the sum of $15,000.00 within seven (7) days of the date of these orders. The orders sought in paragraphs 3 and 4 of the response to an application in an appeal filed 28 June 2018 were dismissed.