Rapino and Lagioia

In the matter of *Rapino and Lagioia*, heard before Gill J, the wife sought leave to commence property proceedings out of time. The husband sought costs in relation to this application.

The central legal issue before the court was whether the wife should be granted leave to commence property proceedings after the expiry of the statutory time limit. This required the court to consider the relevant legislative provisions and the principles governing the exercise of discretion in such matters.

Gill J determined that the wife had not established sufficient grounds to warrant the granting of leave to proceed out of time. The court applied the principles governing applications for leave to commence property proceedings out of time, considering factors such as the merits of the proposed claim and the prejudice to the respondent.

The court ordered that the wife pay the husband’s costs in relation to her application for leave to commence property proceedings out of time on a party-party basis, to be agreed or as assessed.