The Court of Appeal refused a three-month extension of time to return an audio recording of an appeal hearing, finding the appellant's affidavit was deficient in failing to explain what progress had been made in listening to the recording or why the original three months was insufficient. The Court granted only a short extension (approximately 18 days) to account for the time the application had been pending, emphasising that applications under O 3 r 5 of the Rules of the Supreme Court 1971 (WA) require demonstration of injustice warranting relief, and a perfunctory affidavit failing to address salient issues will not suffice.
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