Walthamstow Pty Ltd v Giovinazzo

The defendants appealed against an order of a Registrar of the Supreme Court, dismissing their application for an extension of time within which to file an application to amend their defences. The Registrar's order had the effect of enabling the plaintiff to enter judgment against the defendants. The defendants argued that the Registrar had not given sufficient regard to the prejudice which would be suffered by them if the extension were not granted. The plaintiff argued that the defendants had been persistently dilatory in taking steps in the action, and that they should not be allowed to proceed with the litigation. The Court found that, while the defendants' approach to time limits had been highly unsatisfactory, the plaintiff's record of non-compliance with case management orders was also poor. However, the greater fault lay with the defendants. Although their conduct was insufficient to justify the termination of their right to contest the plaintiff's claim, the Court was not satisfied that, at this stage, the consequences of refusing to extend the time by one day were justified. The Court allowed the appeal, set aside the Registrar's order, and extended the time within which the defendants were required to make an application to amend their defences to 27 August 2003. The Court also ordered that the defendants' solicitors pay the costs of the appeal.