Failure to serve a notice of intention to appeal within 28 days of the material date under UCPR 51.8 is an irregularity under s 63(2) of the Civil Procedure Act 2005 (NSW), not a nullity, and does not invalidate the notice. The availability of a remedy against solicitors whose errors caused the delay is a relevant but not weighty consideration in determining whether to grant an extension of time. Where delay is caused by solicitor error rather than advertent non-compliance by the client, and the respondents have not demonstrated particular prejudice, an extension of time may be granted even where the delay is approximately three months.
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