Court Act - Application for an extension of time in which to appeal - Turns
on own facts
Quick Take
1On an application to extend time to appeal, the court may consider the history of the matter, the parties' conduct and the appeal's prospects of success. An explanation for the delay is required, but even an explained delay will not warrant an extension if the appeal has no prospects of success. The overall question is whether justice is best served by granting or refusing the extension.
2A party who, when given the opportunity, chooses not to participate in proceedings or to make submissions on an application for a misconduct restraining order under the Restraining Orders Act 1997 (WA) cannot later complain that he was denied a fair hearing or the use of subpoenaed material.
3On the facts, an appeal against a misconduct restraining order lacked reasonable prospects. A separate non-molestation injunction with similar effect remained in force, so success would have no practical effect, and the restraining order was due to expire within about a year.
