Huang v The Owners of Strata Plan No 7632

The applicants, Huang and others, sought leave to appeal from a decision of the primary judge who refused to extend the time for filing a summons in proceedings against the respondents, the Owners of Strata Plan No 7632. The dispute concerned a costs assessment.

The primary legal issues before the Court of Appeal were whether the primary judge erred in refusing to extend time for filing the summons, and whether the Court had jurisdiction to hear an appeal from a costs assessment certificate in proceedings commenced before 1 July 2015.

The Court of Appeal considered the reasons for the delay in filing the summons, noting that the primary judge's decision was made on the basis of authority that was later overturned on appeal. However, the Court held that the principle of *interest rei publicae ut sit finis litium* (it is in the public interest that there be an end to litigation) weighed against granting an extension of time. Furthermore, the Court determined that it lacked jurisdiction to hear an appeal from a costs assessment certificate in proceedings commenced prior to 1 July 2015, as the relevant legislative provisions did not confer such a right of appeal.

Leave to appeal was refused, with costs ordered in favour of the respondents.