Madafferi v Chief Commissioner of Police

Case

[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

Areas of Law

  • Civil Litigation & Procedure

Legal Concepts

  • Limitation Periods

  • Jurisdiction

  • Appeal

Actions
Download as PDF Download as Word Document


Cases Cited

14

Statutory Material Cited

0