Pachkovski v Australian Executor Trustees Ltd (No 2)

The applicants, Mr. and Mrs. Pachkovski, sought leave to appeal out of time against a decision of the primary judge. The respondents were Australian Executor Trustees Ltd. The applicants did not appear at the hearing appointed for their application for leave to appeal.

The central legal issue before the Court of Appeal was whether the documents provided by the applicants supported their application for leave to appeal out of time. This required the Court to consider the merits of the proposed appeal and the reasons for the delay.

The Court of Appeal considered the material before it, which included the applicants' written submissions and the documents they had supplied. As the applicants failed to appear at the hearing and the provided material did not demonstrate a sufficient basis for granting leave to appeal out of time, the Court dismissed the application. The Court ordered that the applicants pay the costs of the application.