An applicant for extension of time to appeal in the ACT must demonstrate some explanation for failing to lodge the appeal within the prescribed time and that there are grounds of substance such that it would be manifestly unjust to refuse the application. Strong grounds for the proposed appeal will militate in favour of the court exercising its discretion even where the explanation for delay is weak or non-existent. The filing of a Notice of Discontinuance under r 5171 of the Court Procedure Rules 2006 (ACT) operates as an abandonment, not a dismissal, and does not bar re-agitation of the appeal.
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