Wang v Purpose Pty Ltd t/as Botany View Hotel
Case
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[2021] NSWCA 10
•17 February 2021
Details
AGLC
Case
Decision Date
Wang v Purpose Pty Ltd t/as Botany View Hotel [2021] NSWCA 10
[2021] NSWCA 10
17 February 2021
CaseChat Overview and Summary
The applicant, Mr Wang, sought leave to appeal a decision of the primary judge who had extended a limited vexatious proceedings order against him. The respondents were Purpose Pty Ltd trading as Botany View Hotel and another party. The dispute concerned the application of sections 8 and 9 of the *Vexatious Proceedings Act*. Mr Wang filed his application for leave to appeal out of time and offered no sensible argument nor explanation for the delay.
The Court of Appeal was required to determine whether to grant an extension of time for Mr Wang to file his application for leave to appeal, and if so, whether to grant leave to appeal. The central issue was whether Mr Wang had demonstrated sufficient grounds to overcome the lateness of his application and the existing vexatious proceedings order.
The Court refused the extension of time, finding that Mr Wang had not provided any sensible argument or explanation for the significant delay in filing his application. In the absence of a valid reason for the lateness, the Court did not consider it appropriate to grant an extension. Consequently, the application for leave to appeal was dismissed.
The Court ordered that Mr Wang pay the costs of the two respondents.
The Court of Appeal was required to determine whether to grant an extension of time for Mr Wang to file his application for leave to appeal, and if so, whether to grant leave to appeal. The central issue was whether Mr Wang had demonstrated sufficient grounds to overcome the lateness of his application and the existing vexatious proceedings order.
The Court refused the extension of time, finding that Mr Wang had not provided any sensible argument or explanation for the significant delay in filing his application. In the absence of a valid reason for the lateness, the Court did not consider it appropriate to grant an extension. Consequently, the application for leave to appeal was dismissed.
The Court ordered that Mr Wang pay the costs of the two respondents.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Appeal
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Costs
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Limitation Periods
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Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
3
Muldoon v Church of England Children's Homes Burwood
[2011] NSWCA 46
Muldoon v Church of England Children's Homes Burwood
[2011] NSWCA 46
Wang v Botany View Hotel (No 4)
[2019] NSWSC 1323