Make It Raine Money Pty Ltd v Alvaro

The case of Make It Raine Money Pty Ltd v Alvaro [2022] dealt with an application by the plaintiff for an extension of time to bring a claim for summary judgment under the Uniform Civil Procedure Rules. The primary dispute arose from a delay in initiating the summary judgment proceedings and the plaintiff's request for an extension beyond the statutory time limit. The matter was heard in the Supreme Court of Western Australia.

The legal issues before the court included whether the plaintiff's case was sufficiently strong to warrant an extension of time, the extent to which the proceedings had progressed, and whether the delay in filing the application could be justified. The court also had to balance the interests of justice against the legislative intent of the rule requiring summary judgment applications to be made within a specified time.

The court considered the strength of the plaintiff's case, noting that while it was strong, this alone was not sufficient to warrant an extension of time. The court also observed that the proceedings had not advanced beyond the pleading stage and that the defendant had not incurred significant costs. However, the court was unconvinced by the explanation provided for the delay, which was that the plaintiff had hoped to resolve the matter through mediation. The court found the length of the delay and the lack of a satisfactory explanation for it to be significant factors against granting the extension. Ultimately, the court held that the balance of the interests of justice did not favour granting the extension, and the application was dismissed.

The court did not make any specific orders, as the application for an extension of time was dismissed.