The power to extend time under O 3 r 5(1) RSC does not authorise an extension beyond a contractual time period without the consent of all contracting parties, where the court order being extended is declaratory of contractual rights. However, Vaughan JA's dissent identifies a competing characterisation — that where an order conditions injunctive relief, the time limitation is a creature of the court's order rather than the contract, and is therefore amenable to extension. The case also confirms that s 62 of the Supreme Court Act 1935 (WA) applies only to divisions on appeals, not to applications in appeals, and that a court may reconstitute to an enlarged coram before becoming functus officio.
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