Massalski & Riley

In the matter of Massalski & Riley, the applicant, Ms Massalski, sought an extension of time to review orders made by an appeal judicial registrar in proceedings between her and Mr Riley, the respondent. The appeal judicial registrar had made orders that required the applicant to pay $30,000 as security for the respondent's costs of appeal, with the appeal being stayed if the applicant failed to comply. The applicant did not provide the security, and the appeal was subsequently dismissed. The appeal judicial registrar's orders were made in the context of ongoing litigation between the parties, including an appeal that was dismissed in 2021.

The legal issues before the court were whether the applicant's Application in an Appeal, filed over two and a half months after the orders were made, should be granted and, if so, whether the costs should be taxed or fixed. The court considered the history of the proceedings, the conduct of the parties, and the consequences of granting or refusing the application. The applicant had not provided any explanation for the delay in bringing the review applications, and the appeal had no prospects of success.

The court found that the applicant's grievances and delays did not justify an extension of time for the review application. The appeal judicial registrar's orders were appropriate, given the history of the litigation, the outstanding costs orders, and the lack of prospects of success on the appeal. The court also noted that the applicant had two outstanding contempt applications dismissed on 5 August 2022, which did not affect the costs orders. Therefore, the court dismissed the application for an extension of time and ordered the applicant to pay the respondent's costs, fixed in the sum of $8,000.