Trkulja v Dobrijevic

In the matter of Trkulja v Dobrijevic, the applicant sought an extension of time to apply for leave to appeal two interlocutory orders made in the Supreme Court of New South Wales. The case was heard in the Court of Appeal, which had to determine the merits of the applicant's application for an extension of time as well as the respondents' application for security for costs. The applicant was five weeks out of time in filing the application for an extension of time. Additionally, the applicant had to demonstrate that there was a prospect of success on appeal and that there were exceptional circumstances justifying the delay in applying for an extension of time.

The court was required to consider the discretion available to it under the relevant rules of court and case law. The court had to balance the applicant's delay in filing the application for an extension of time against the prospects of success on appeal and any other relevant factors. In addition, the court had to consider whether the applicant was impecunious and whether there was a risk that the applicant would be unable to pay the respondents' costs if the appeal was unsuccessful. The court was required to apply the relevant principles to determine whether security for costs was appropriate in this case.

The court found that the applicant's delay in filing the application for an extension of time was significant and there were no exceptional circumstances justifying the delay. The court also found that the applicant was unlikely to be able to pay the respondents' costs if the appeal was unsuccessful. The court held that the applicant's prospects of success on appeal were not sufficiently strong to warrant granting an extension of time. The court granted the respondents' application for security for costs on appeal, ordering the applicant to provide security for the respondents' costs in the event that the appeal was unsuccessful. The court's decision was based on the relevant rules of court and case law, and the court's discretion in the circumstances of the case.