Where an applicant seeks extension of time after a self-executing order has taken effect, the applicant must provide a complete and frank explanation for non-compliance. Inconsistencies in the evidence that result from the applicant's failure to provide full disclosure will be held against the applicant, as the court cannot determine the extent to which non-compliance was due to lawyers' omissions rather than the client's. The availability of commencing fresh proceedings out of time is not a factor favouring the grant of an extension.
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