Rizk v FA Constructions Australia Pty Ltd (No 2)

The proceeding concerned an application by the plaintiff, Rizk, for an extension of time to seek leave to appeal a decision of the primary judge. The defendant was FA Constructions Australia Pty Ltd. The application was heard by Basten JA and Sackville AJA in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether to grant an extension of time for the plaintiff to pursue an appeal, given a significant delay in filing the application and the apparent lack of merit in the proposed appeal. The court was required to consider the reasons for the delay and the prospects of success of the appeal itself.

The Court of Appeal dismissed the plaintiff's motion. Their Honours noted the considerable delay in seeking the extension of time and found that there was no satisfactory explanation for this delay. Furthermore, the court considered that the proposed appeal lacked merit, particularly given the small amount of money in issue. The combination of these factors led to the refusal of the application.