Skalkos v T & S Recoveries Pty Ltd

The applicant, Skalkos, sought an extension of time to apply for leave to appeal against a costs assessment made by the respondent, T & S Recoveries Pty Ltd. The dispute concerned the proportionality between the amount of the verdict awarded in the underlying proceedings and the amount assessed for costs.

The primary legal issue before the court was whether to grant an extension of time for Skalkos to seek leave to appeal. This required the court to consider the considerable delay in the application, the fact that the argument on appeal had not been raised in the original proceedings, and whether there was any reasonable prospect of the costs assessment being reduced to a material extent.

The court dismissed the application for an extension of time. Their Honours found that there was no reasonable prospect of the costs assessment being reduced to any material extent, which was a critical factor in determining whether to grant an extension. The considerable delay and the failure to raise the argument below further weighed against granting the indulgence sought.

Consequently, the application for an extension of time was dismissed with costs.