Jingalong Pty Ltd v Todd

Jingalong Pty Ltd appealed to the Court of Appeal of New South Wales against orders made by Kunc J in the Supreme Court. The primary dispute concerned Jingalong's application for an extension of time to file a notice of appeal, and a related application for a stay of the primary judge's orders.

The Court of Appeal was required to determine whether it was in the interests of justice to grant an extension of time for Jingalong to file its notice of appeal, notwithstanding a significant delay and a failure to serve a notice of intention to appeal within the prescribed period. The Court also considered whether the failure to serve the notice of intention to appeal rendered it a nullity or merely an irregularity, and whether Jingalong should be left to pursue a remedy against its legal representatives for the delay.

McColl JA considered the principles governing extensions of time under UCPR 51.16. Her Honour noted the three-month delay in filing the notice of appeal and the failure to serve the notice of intention to appeal within 28 days of the material date. Despite these issues, the Court found that it was in the interests of justice to grant the extension of time. The Court reasoned that the failure to serve the notice of intention to appeal was an irregularity rather than a nullity, and that the applicant should not be precluded from pursuing an appeal due to the actions of its legal representatives.

The Court ordered a stay of the orders made by Kunc J pending the hearing and determination of the appeal. It also ordered an extension of time for Jingalong to file its notice of appeal to 7 August 2014. The motions filed by Mr Pernice and Mr Todd were dismissed. Jingalong was ordered to pay the costs of its and the respondents' notices of motion, and the hearing of the appeal was expedited.