An extension of time to appeal orders approving a group proceeding settlement will be refused where the delay is over four years, the explanation for delay is unsatisfactory, and the settlement has been extensively implemented with thousands of transactions undertaken in reliance upon it — even where the proposed appeal is not futile. The prejudice to respondents, group members, and third parties from unwinding such a settlement is decisive. Assertions by group members that they did not understand the effect of a settlement on their individual defences will not be accepted where those very issues were raised and addressed at the approval hearing.
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