A party that deliberately and clearly communicates a decision not to appeal faces a very high threshold in subsequently obtaining an extension of time to seek leave to appeal. A subsequent appellate decision favourable to the applicant's position will not provide a sufficient explanation for the change of mind where the applicant was already aware of the legal arguments and, in particular, where the applicant was a party to the subsequent case. The opponent's vested right to retain the judgment upon expiry of the appeal period is a significant factor.
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