Akhras v Watts Publishing Australia and New Zealand Pty Ltd

In *Akhras v Watts Publishing Australia and New Zealand Pty Ltd*, the applicant sought an extension of time to appeal a decision of the Administrative Decisions Tribunal. The applicant had filed a notice of intention to appeal out of time, followed by a summons seeking leave to appeal shortly after the expiry of the relevant time limit. Further, the notice of appeal itself was not served on the respondent until a month after it was filed.

The primary legal issue before the Court of Appeal was whether to grant an extension of time for the applicant to pursue their appeal or seek leave to appeal. This required the Court to consider the principles governing extensions of time, particularly in circumstances where there was a lack of explanation for the delays, the potential prejudice to the respondent, and the arguable merit of the applicant's case. The Court also had regard to the Uniform Civil Procedure Rules 2005, specifically rule 51.9, which governs appeals.

The Court of Appeal dismissed the application for an extension of time. Their Honours found that there was no satisfactory explanation for the significant delays in filing and serving the appeal documents. Furthermore, the Court was not satisfied that the applicant had demonstrated a fairly arguable case, nor was it convinced that the respondent would not suffer prejudice as a result of the protracted delay. Consequently, the summons and the notice of appeal were dismissed.