Applications for extension of time within which to file applications for leave to appeal
Applications for leave to appeal filed roughly five months out of time
Inadequate explanation for delay
Quick Take
1Where there has been a substantial delay in commencing appeal proceedings and that delay has not been satisfactorily explained, time limits should ordinarily be enforced even in arguable cases unless the merits are sufficiently 'strong or even exceptional' that refusing the extension would be contrary to justice.
2Medical evidence relied upon to explain delay must amount to 'substantial supporting evidence' establishing a connection between the illness and the inability to prepare the application; a medical certificate merely confirming a patient's self-reported symptoms, without expressing an opinion on capacity, is insufficient.
3Prejudice to a third-party purchaser who has incurred expenditure on acquired property in reliance on the finality of orders — particularly after the appeal period has expired — weighs heavily against granting an extension of time.
