Mark Henry Skinner v Redmond Family Holdings Pty Limited (No 3)

This matter concerned an application by Mark Henry Skinner for leave to appeal against orders made by the Supreme Court of Victoria in proceedings against Redmond Family Holdings Pty Limited. The dispute arose from a prior judgment of the Court of Appeal in *Skinner v Redmond Family Holdings Pty Limited* [2019] VSCA 197, which had determined the substantive issues between the parties. The present application related to the management of the proceedings following that judgment.

The primary legal issue before the Court of Appeal was whether the primary judge had erred in refusing to grant Mr Skinner an extension of time to file a notice of appeal against the orders made by the Supreme Court on 10 May 2021. These orders had dismissed Mr Skinner's application for an order that Redmond Family Holdings Pty Limited pay his costs of the proceeding.

Payne JA, in dismissing the application for leave to appeal, applied the principles governing the grant of extensions of time for appealing. His Honour noted that the applicant bore the onus of demonstrating that the appeal had substantial merit and that it was in the interests of justice to grant the extension. In this instance, Mr Skinner failed to establish either of these requirements. His Honour found that the grounds of appeal lacked merit, as the primary judge had correctly applied the relevant principles in refusing the costs order, and that there were no compelling reasons to grant an extension of time.

Consequently, the application for leave to appeal was dismissed.