Hegarty v Keogh

This matter concerned an appeal from a judgment delivered on 11 December 2020. The appellant initiated the appeal on 30 December 2020, which was designated the "preparation commencement date." The respondent filed a Notice of Acting on 11 January 2021, despite the appeal not having been served. The Uniform Civil Rules 2020 (SA) stipulated that all appeal materials were to be filed within three months of the preparation commencement date, meaning the deadline was 30 March 2021. The appeal was called over on 19 March 2021, at which point the core appeal book had been filed, but other required documents, including the appellant's written outline of submissions, had not. The appellant sought an extension of time to file these outstanding materials.

The primary legal issues before the court were whether the appeal had been automatically discontinued pursuant to rule 218.13(3) of the Uniform Civil Rules 2020 (SA) and, if not, whether a further extension of time should be granted for the appellant to file his written outline of submissions. The court was also required to determine the appropriate costs order given the appellant's delays and the indulgence sought.

Livesey JA held that the order made at the callover on 19 March 2021, which extended the time for the appellant to file his written outline of submissions, had the effect of displacing the automatic discontinuance that would otherwise have occurred under rule 218.13(3). Consequently, the appeal was not to be taken as discontinued. The court granted the appellant a further extension of time to file his written outline. However, acknowledging that the appellant had succeeded on comparatively thin grounds and had caused the respondent to incur costs, the court ordered that the appellant pay the respondent's costs of the application for an extension of time, the costs associated with abandoned appeal grounds, and the costs of the hearings on 1 April, 13 April, and 25 May 2021, on a standard basis. The court also provided commentary on the role and conduct of callovers in managing appeals before the Court of Appeal.