Olsen v Mentink

In *Olsen v Mentink*, the unsuccessful plaintiff, Olsen, had filed a notice of intention to appeal against a decision of the Supreme Court of New South Wales. The successful defendant, Mentink, sought orders from the Court of Appeal limiting the time within which Olsen could formally commence his appeal.

The central legal issue before the Court of Appeal was whether it possessed the jurisdiction and power to make an order limiting the time for the filing of an appeal, and if so, whether such an order should be made in the circumstances of this case.

Leeming JA considered the relevant rules of court and the inherent jurisdiction of the Court of Appeal. His Honour concluded that while the Court of Appeal had the power to manage its own process and ensure the efficient administration of justice, it did not have the power to abridge the statutory time limits for filing an appeal, nor could it impose a condition on the filing of an appeal that was not prescribed by the rules. The application was therefore refused.

The Court dismissed the first paragraph of the summons filed by the defendant, with costs. The balance of the summons was stood over to be treated as a notice of motion for expedition, should an appeal be filed.