Review of a Registrar's decision in the NSW Court of Appeal arises under s 121(3) of the Supreme Court Act 1970 (NSW) and UCPR r 49.19, not s 46(4). Such review does not require demonstration of error and is not restricted to material before the Registrar, but the court retains a discretion as to whether and how to intervene, with greater willingness to intervene where a decision finally determines rights or where fresh evidence, changed circumstances or error is shown. House v The King principles do not in terms apply, but similar policy considerations may arise. On extension of time applications, a fairly arguable case is generally sufficient on the merits, but where the explanation for delay is unsatisfactory or prejudice is substantial, the applicant may need to demonstrate more substantial merit.
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