Read the full judgment text of CACV 140/2013 on BabelCite. This Court of Appeal judgment was delivered on 24 June 2014 before Hon Chu JA.
Civil procedure – extension of time – respondents' notice – cross-appeal – specific performance – subsequent events – premature application – costs – The plaintiffs obtained judgment including an order for specific performance of a sale and purchase agreement. The defendants appealed. After the judgment, the property was sold by the mortgagee. The plaintiffs applied for leave to file a Respondents' Notice out of time to cross-appeal the specific performance order and seek supplemental orders regarding the sale proceeds. Held, dismissing the application: the plaintiffs were wholly successful and could not appeal an order made in their favour; the cross-appeal was inappropriate as it did not allege any error by the judge but sought to vary the order due to subsequent events; the application was premature as a related Notice of Motion had already been heard. No order as to costs of the summons, but plaintiffs to pay defendants' costs of the hearing.
Legal issues: Leave to file Respondents' Notice out of time
Outcome: Plaintiffs' application for extension of time to file a Respondents' Notice dismissed.
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