Kounnas v Citywide Civil Engineering Pty Ltd

The applicant, Kounnas, sought leave to appeal against a decision of the primary judge in the Supreme Court of New South Wales, and an extension of time within which to file that application. The respondent was Citywide Civil Engineering Pty Ltd. The application for an extension of time was made significantly out of time, and the applicant's explanation for the delay was considered inadequate.

The primary legal issues before the Court of Appeal were whether the applicant had established a sufficiently arguable case to warrant leave to appeal, and whether the primary judge had erred in denying an application for security for costs. The Court was required to consider the substantial delay in seeking leave to appeal and the adequacy of the explanation provided for that delay.

Bathurst CJ and Allsop P refused the application for an extension of time, finding that the applicant had not demonstrated a sufficiently arguable case. Consequently, the summons filed by the applicant on 28 June 2012 was dismissed. The applicant was ordered to pay the respondent's costs of the application.