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Rochfort & Anor v Habashy & Anor
[2005] QCA 197 (05/1129) Brisb McMurdo P Jerrard JA Philippides J 10/06/2005
Catchwords
APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – TIME FOR APPEAL – EXTENSION OF TIME – WHEN REFUSED – respondents filed claim for specific performance of a property sale contract – applicants filed stay application almost two months late – respondents then applied for judgment by default and costs – applicants did not appear at hearing and default judgment ordered against them – no explanation provided for failure to either appear or file Notice of Intention to Defend – application for extension of time in which to appeal lodged six months late – applicants argued contract invalid due to ‘serious errors’ – whether applicants demonstrated a sufficient case on the merits to justify granting an extension of time