Jennings v Jennings

Case

[2016] NSWCA 29

01 March 2016


Details
AGLC Case Decision Date
Jennings v Jennings [2016] NSWCA 29 [2016] NSWCA 29 01 March 2016

CaseChat Overview and Summary

The parties in *Jennings v Jennings* were the applicant, seeking leave to appeal, and the respondent. The dispute concerned an application for an extension of time to appeal a decision of the Supreme Court of New South Wales. The Court of Appeal of New South Wales, comprising Ward and Leeming JJA and Emmett AJA, considered the application.

The primary legal issue before the Court of Appeal was whether the applicant had established sufficient grounds to warrant an extension of time within which to file an appeal against the primary judge's decision. This involved assessing the merits of the proposed appeal and the reasons for the delay in seeking to bring it.

The Court of Appeal considered the principles governing applications for an extension of time to appeal, which require a demonstration of a reasonably arguable case on appeal and an explanation for the delay. After reviewing the material before it, the Court concluded that the applicant had not satisfied these requirements. Consequently, the Court of Appeal dismissed the summons for leave to appeal with costs.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

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Cases Citing This Decision

10

Bonaventura v Bonaventura [2005] QSC 270
Stekovic v Radovanovic [2023] NSWSC 1471
Narayan v Narayan [2022] NSWSC 1685
Cases Cited

4

Statutory Material Cited

2

Jennings v Jennings [2015] NSWSC 1826
Masters v Cameron [1954] HCA 72