Application for extension of time within which to file application for leave to appeal from orders granting application for security for costs with costs
Substantial delay
Quick Take
1Where there has been substantial delay in filing an application for leave to appeal and that delay has not been satisfactorily explained and justified, an extension of time will ordinarily be granted only if the merits are sufficiently strong or exceptional that it would be contrary to justice to refuse the extension — the fact that a proposed appeal is merely arguable is insufficient.
2Time limits in rules of court are not optional guidelines; they advance the administration of justice by ensuring parties can order their affairs on the basis that rights and interests are no longer at risk once a limitation period expires, and the Civil Procedure Act 2010 (Vic) obligations of timeliness reinforce their enforcement.
3While impecuniosity ought not bar a person from prosecuting a claim at first instance, different considerations apply in proceedings on appeal, where security for costs orders against individuals may be appropriate.
