An application for extension of time to appeal will be refused where the delay is nearly four years, the applicant has no adequate explanation, the applicant deliberately chose to pursue alternative proceedings in another jurisdiction during the delay period, and the proceedings constitute an abuse of process by reason of repeated attempts to relitigate the same issue. Where proceedings at first instance were within state jurisdiction but the appeal raises matters of exclusive federal jurisdiction under s 27(1) of the Bankruptcy Act, the cross-vesting legislation may apply, but the interests of justice may require the state court to determine the application rather than transfer it. There is no valid distinction for the purposes of ss 58 and 116 of the Bankruptcy Act between the right to due administration of a testate estate and an intestate estate — in each case the title relates back to the date of death.
The full text is available to signed-in members, including the 18 later cases that cite this judgment.
4 of the 18 citing cases carry a classified treatment. How each court treated it is available to signed-in members.