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Chang, Holly (otherwise known as Chang, Hong) v Chang, Victor (otherwise known as Chang, Shengli) [2022] VSCA 256

PRACTICE AND PROCEDURE
Victorian Court of Appeal
Judge(s): 
Walker JA and J Forrest AJA
Parties: 

Chang, Holly (otherwise known as Chang, Hong) v Chang, Victor (otherwise known as Chang, Shengli)

Judgment Date: 
23 November 2022
Catchwords: 

PRACTICE AND PROCEDURE - Application for leave to appeal, request for extension of time and stay application - Appeal from default judgment of Associate Judge - Appeal inappropriate where application to set aside default judgment not made - Where procedure under r 21.07 available but not pursued - Insufficient reasons for delay of four months in bringing applications - Insufficient prejudice to applicant where applicant may seek to set aside default judgment - Applications refused.

Supreme Court (General Civil Procedure) Rules 2015, rr 21.07, 64.08.

Lee v Yap [2021] VSCA 297; Brown v Fraser (1896) 22 VLR 22; MZWXC v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 172; Singh v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 905, referred to.

Citation: