On an application under s 459F(2)(a)(i) for extension of time for compliance with a statutory demand pending appeal, where the appeal would be rendered nugatory without the extension and the balance of prejudice favours the applicant, the threshold for arguability of the proposed appeal is relatively low — the grounds need only be 'not obviously hopeless'. A single judge of the Court of Appeal may exercise jurisdiction to grant the extension under s 46(2)(b) of the Supreme Court Act 1970 (NSW) even where the application could have been brought before the primary judge.
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