Stergiou v Phelps

The applicants, Stanley Stergiou and Ekaterine Stergiou, sought an extension of time in the Supreme Court of Queensland to file their statement of claim. They were opposed by the respondents, Michael James Phelps, Margaret Elizabeth Reid, and Michael John Deasey. The applicants sought the extension due to alleged delays caused by the respondents' failure to provide necessary documents. The legal issues before the court were whether the applicants had demonstrated exceptional circumstances warranting an extension of time, and whether the applicants' failure to act with due diligence justified the grant of an extension.

The court found that the applicants had not demonstrated exceptional circumstances that warranted an extension of time. The court noted that the applicants had been aware of the need to obtain the documents from the respondents for some time, but had not acted with due diligence in seeking those documents. The court also found that the applicants had not provided a satisfactory explanation for their delay in filing the statement of claim. As a result, the court dismissed the application for an extension of time. The court also ordered that the applicants pay the costs of the respondents, finding that the application was frivolous and brought without reasonable cause.