Giller v Procopets
[2008] VSCA 236
Citation 1
(Para 8)
…on for delay, but the failure to adequately explain the delay does not preclude a favourable exercise of discretion.[33] [32] [2008] VSCA 236 [33] Paragraph 58 39 Neave JA reviewed what was said in Lockett v Duckett (supra), Harris v Harris (supra) and McGibbon v Marriott (supra) relevant to delay. Neave JA referr…
Stott v Murphy
[2004] VSC 373
Citation 2
(Para 8)
…bon v Marriott (supra) per Warren J, at paragraph 7; Lockett v Duckett (supra) , per Cummins J, at paragraph 20; and Stott v Murphy [2004] VSC 373, per Cummins J, at paragraph 14. In both cases, Cummins J disagreed with Gillard J in Harris v Harris (supra) applying. 36 In Lockett v Duckett ( supra ), Cummins J, i…
Joyce v Delany
[2004] VSC 338
Citation 3
(Para 8)
…31 In Joyce v Delany ,[26] Williams J referred to Harris v Harris (supra) and The Marriage of Neocleous (supra) with approval. [26] [2004] VSC 338 32 There are two other considerations relevant to the exercise of the discretion whether to grant leave or not. Some assessment of the likely outcome of the proceeding…
McGibbon v Marriott
[1999] VSC 381
Citation 4
(Para 8)
…then was) considered that the plaintiff had to establish at least an arguable case. [27] (2004) 32 Fam LR 346, at paragraph 23 [28] [1999] VSC 381, at paragraph 18 34 In order to make some assessment of the likely outcome of the proceeding, it is necessary to consider section 282(2), which requires me to consider…