Where delay in seeking leave to appeal is caused by a party pursuing a reasonably arguable but ultimately unsuccessful procedural argument (here, that a proceeding commenced in the name of a deregistered company was a nullity), the delay may be adequately explained for the purposes of an extension of time, particularly where the respondent was on notice of the intended appeal and suffered no significant prejudice. The question whether a proceeding commenced in the name of a deregistered company is a nullity or merely involves a misnomer remains unresolved in Victoria.
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