The Victorian Court of Appeal refused an extension of time for leave to appeal from orders concerning co-owned property (including a judgment enforcing a settlement agreement, orders for judicial sale, restraining orders, and contempt-related orders), finding the delay of 8–11 months was inordinate and unexplained, the applicants had pursued alternative remedies instead of timely appealing, and the proposed grounds lacked merit. The Court confirmed that a trial judge has power to make restraining orders and arrest warrants against non-parties to prevent frustration of court processes, and that the sale of property to a bona fide third-party purchaser during the period of delay constituted material prejudice weighing against an extension. The Court also directed the Registrar of Titles to process the transfer of title to the third-party purchaser, where the Registrar had improperly withheld registration based solely on the existence of unmeritorious pending applications for leave to appeal.
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