Linfox Australia Pty Ltd v Khoury (No 2)

The matter of *Linfox Australia Pty Ltd v Khoury (No 2)* concerned an application for leave to appeal an interlocutory judgment of the District Court of New South Wales. The applicant, Linfox Australia Pty Ltd, sought to appeal a decision by a Judicial Registrar who had refused leave to file a cross-claim out of time. The respondent was Khoury.

The primary legal issue before the Court of Appeal was whether the Judicial Registrar erred in refusing leave to file the cross-claim out of time. This required the court to consider the prospects of success of the proposed cross-claim and the reasons for the delay in its filing.

The Court of Appeal found that there was no evidence presented to explain the significant delay in filing the cross-claim, particularly given that the applicant had knowledge of the proposed proceedings. Consequently, the court concluded that the appeal had no real prospects of success.

Accordingly, the Court of Appeal dismissed the application for leave to file the summons seeking leave to appeal. Linfox Australia Pty Ltd was ordered to pay Khoury's costs, to be assessed on an indemnity basis from 17 October 2007.