In applications to set aside preliminary dismissal orders under Pt 1 r 7A(5) of the District Court Rules, the primary focus is on whether the plaintiff has cured the default and can persuade the court the proceedings should continue, not on explaining the original failure. When extension of the 28-day period is also required, the explanation needed is for the delay in applying, not for the original default. A party that previously assessed and rejected appeal prospects will generally not be granted late leave to appeal, but may be permitted where the opposing party is already at risk from another party's appeal.
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