Lirantzis v Calligas

Case

[2025] NSWCATCD 73

18 August 2025


Details
AGLC Case Decision Date
Lirantzis v Calligas [2025] NSWCATCD 73 [2025] NSWCATCD 73 18 August 2025

CaseChat Overview and Summary

Lirantzis v Calligas involves a dispute between the applicant, Lirantzis, and the respondent, Calligas, where the matter originated in the Civil and Administrative Tribunal (CAT). Lirantzis had previously appeared in the CAT but failed to appear for a hearing, resulting in the dismissal of the proceedings. A subsequent application for reinstatement was denied. Lirantzis then filed a second application for reinstatement, seeking to have the proceedings reinstated. The court was required to determine whether to grant an extension of time for the filing of the second reinstatement application and whether to reinstate the proceedings.

The court considered whether the second application for reinstatement was an abuse of process and whether there was any new material to justify the fresh consideration of the second application. The court found that the application for reinstatement was an abuse of process because it was the second such application. Furthermore, there was no new material presented that would warrant a fresh consideration of the application. Consequently, the court concluded that there was no basis for granting an extension of time for filing the second reinstatement application.

The court dismissed the second reinstatement application filed by Lirantzis. The court dispensed with a hearing for the application filed on 11 August 2025 and refused an extension of time to file the application. The court also dismissed the reinstatement application on the basis that it was an abuse of process and there was no new material to justify the fresh consideration of the application.
Details

Areas of Law

  • Civil Litigation & Procedure

Legal Concepts

  • Appeal

  • Limitation Periods

  • Abuse of Process

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

3

Bobolas v Waverley Council [2016] NSWCA 139
Bobolas v Waverley Council [2016] NSWCA 139