Garate v Garate

This appeal concerns two related applications: Eduardo Sequeiros Garate's application for an extension of time to file the case on appeal and apply for the allocation of a hearing date in CA73/2024, and Jorge Sequeiros Garate's application for costs following Eduardo's abandonment of the appeal in CA319/2024. The Court of Appeal, consisting of Katz and Campbell JJ, heard the applications on the papers and delivered its judgment on 10 April 2025. The primary issue was whether the Court should grant Eduardo an extension of time to proceed with his appeal against the substantive decision of van Bohemen J in the High Court, as well as the costs incurred by Jorge due to Eduardo's abandonment of the appeal against the costs decision.

The Court of Appeal declined Eduardo's application for an extension of time. The Court found that Eduardo's delay in filing the case on appeal was significant and unjustified. The Court noted that Eduardo had been dilatory in the conduct of the appeal and that Jorge had suffered prejudice from the delay and Eduardo's conduct. Furthermore, the Court held that Eduardo was not authorised to bring the appeal or seek an extension as he and Gabriel, who was also an appellant, had not acted unanimously in bringing the appeal, which is a requirement when acting as executors and trustees. Consequently, the Court ruled that the interests of justice did not require an extension of time.

Regarding Jorge's application for costs in CA319/2024, the Court held that Eduardo should pay the costs of $2,390 as he abandoned the appeal against the costs decision. The Court found that despite Eduardo not being authorised to bring the appeal, a costs order against him was still available. The Court awarded costs for the steps Jorge took in opposing Eduardo's applications for a fee waiver and dispensation from the requirement to pay security for costs, as well as for filing a notice of appearance and a memorandum and submissions on costs.

In summary, the Court of Appeal declined Eduardo's application for an extension of time in CA73/2024 and ordered him to pay Jorge costs of $1,673 in that appeal. In CA319/2024, the Court ordered Eduardo to pay Jorge costs of $2,390 and usual disbursements.