Hope and Maple

Hope and Maple (Respondents) sought to challenge a cost assessment order made by the Prothonotary. The Applicant, Maple, sought an extension of time to file a Form 15 Notice Disputing Itemised Cost Account, which is the prescribed form for disputing a cost assessment. The application was heard by Barry J in the Supreme Court of Victoria.

The primary legal issue before the Court was whether to grant an extension of time for the Applicant to challenge the cost assessment. This required the Court to consider the Applicant's reasons for the delay and the prejudice to the Respondents if an extension were granted. The Court also had to determine the fate of the Applicant's amended application and the effect of the existing stays on the proceedings.

Barry J dismissed the application for an extension of time, finding that the Applicant had not provided sufficient grounds to justify the delay in challenging the cost assessment. The Court noted that the Applicant had been aware of the cost assessment for a considerable period and had not demonstrated exceptional circumstances warranting an extension. Consequently, the amended application was also dismissed, and the previously imposed stays on the proceedings were removed.