Madafferi v Chief Commissioner of Police
Case
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[2017] VSC 652
•31 October 2017
Details
AGLC
Case
Decision Date
Madafferi v Chief Commissioner of Police [2017] VSC 652
[2017] VSC 652
31 October 2017
CaseChat Overview and Summary
The plaintiff in this case sought an extension of time to file an amended originating motion in proceedings under the Racing Act 1958 and the Casino Control Act 1991. The application was heard by the Supreme Court. The plaintiff's application was made eight months outside of the 60-day period prescribed by rule O56.02(1) of the Supreme Court (General Civil Procedure) Rules 2015. The plaintiff argued that special circumstances warranted an extension of time. The court was required to determine whether the plaintiff had demonstrated special circumstances that would justify an extension of time. The court found that the plaintiff had not demonstrated any special circumstances that would warrant an extension of time. The court held that the plaintiff's reasons for the delay were not exceptional or extraordinary. The plaintiff had failed to take reasonable steps to avoid the delay and had not shown any prejudice that would result from the delay. The application was refused. The court found that the plaintiff had not demonstrated any special circumstances that would warrant an extension of time and that the plaintiff's reasons for the delay were not exceptional or extraordinary. The court held that the plaintiff had failed to take reasonable steps to avoid the delay and had not shown any prejudice that would result from the delay. The plaintiff's application for an extension of time was therefore refused.
Details
Key Legal Topics
Areas of Law
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Civil Litigation & Procedure
Legal Concepts
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Limitation Periods
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Jurisdiction
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Appeal
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Most Recent Citation
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Statutory Material Cited
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