Richards v Cornford (No 3)

The New South Wales Court of Appeal, comprising Allsop P, McColl and Basten JJA, considered an application by QBE Insurance (Australia) Limited (QBE) for an extension of time to file and serve a notice of cross-appeal. The dispute arose from QBE's failure to file the notice within the prescribed time limits.

The primary legal issue before the Court was whether QBE should be granted an extension of time to file its notice of cross-appeal, notwithstanding the delay being attributable to its own conduct and a lack of timely preparation. This required the Court to consider the overarching duties imposed on parties by the *Civil Procedure Act 2005* (NSW), specifically sections 56 to 60, concerning the just and efficient determination of proceedings.

The Court reasoned that the delay in filing the notice of cross-appeal was substantial and directly resulted from QBE's own inaction and lack of diligence in preparing its case. Applying the principles of the *Civil Procedure Act 2005* (NSW), which mandates parties to conduct litigation justly and efficiently, the Court found that granting an extension of time would not serve these objectives. The Court emphasised that parties are expected to take all necessary steps to prepare their appeals within the stipulated timeframes.

Consequently, the Court dismissed QBE's motion seeking an extension of time to file and serve its notice of cross-appeal. QBE was ordered to pay the costs of the respondents to the motion.