The Court of Appeal refused an extension of time to appeal where the appellant had conceded at the hearing the correctness of the trial judge's conclusion that an unidentified defect in a bus driver's chair constituted a breach of warranty under the insurance policy. The appeal was brought to challenge an obiter observation by the trial judge but was rendered misconceived by the concession. The application had been made to cover a contingency in a related appeal (Maitland-Smith v Path Transit) which did not arise.
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