The Court of Appeal set aside a deemed dismissal of a leave application where the applicant arrived at the Registry two minutes after the deadline to provide security for costs. Muir JA held that where non-compliance was minor and accidental, it would not be a reasonable exercise of discretion to deprive the applicant of the ability to pursue its appeal, and that the Court's role is not to punish parties for transgressions. The Court distinguished between a consent order made in the sense of not objecting and a free and voluntary bargain between the parties, declining to apply the Chavez v Moreton Bay Regional Council principles regarding the fruits of a contractual bargain.
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