Romeo v De Chiara Constructions Pty Limited

Romeo (the applicant) sought an extension of time to file and serve a notice of appeal against a decision of De Chiara Constructions Pty Limited (the first respondent). The appeal concerned proceedings before Olsson DCJ.

The primary legal issue before the court was whether to grant the applicant an extension of time to file and serve the notice of appeal, given that the application was made out of time and did not raise a question of principle.

The court considered the application for an extension of time. It granted the extension, but with specific exclusions to the grounds of appeal and the form of the notice. The applicant was ordered to pay the first respondent's costs thrown away by the initial summons seeking leave to appeal, with the costs of the extension application to be costs in the appeal. The court clarified that "proceedings" in the grounds of appeal referred to the claim and cross-claim heard by Olsson DCJ.