Wurth v Howard Smith Industries Pty Ltd (No 2)

The parties to this matter were Wurth and Howard Smith Industries Pty Ltd. The dispute concerned an application for an extension of time to appeal, and leave to appeal as to costs. The matter was heard by Giles JA and Rolfe AJA in the Court of Appeal of New South Wales.

The primary legal issue before the court was whether an extension of time for an appeal should be granted, particularly when the appeal was considered to be bound to fail. A secondary issue was whether leave to appeal as to costs should be granted, requiring the court to determine if there was a manifest error in the original decision regarding costs.

The court refused the extension of time for the appeal, indicating that the appeal was indeed bound to fail on the facts presented. Furthermore, the court declined to grant leave to appeal as to costs, finding no manifest error in the original determination of costs.

Consequently, the summons for leave to appeal and the notice of motion were dismissed, with the applicant ordered to pay the costs of the respondent.