Atkinson v Mullrai Pty Ltd and Ors: Carlisle v Mullrai Pty Ltd and Ors

In *Atkinson v Mullrai Pty Ltd and Ors* and *Carlisle v Mullrai Pty Ltd and Ors*, the applicants sought extensions of time to appeal decisions made by the primary judge. The respondents were Mullrai Pty Ltd and other parties. The proceedings were heard in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the applicants had established sufficient grounds to warrant the granting of an extension of time within which to file their respective notices of appeal. This required the court to consider the merits of the proposed appeals and the reasons for the delay in filing.

The Court of Appeal, applying principles governing applications for extensions of time to appeal, found that the applicants had demonstrated an arguable case on appeal and that the delay in filing was excusable. The court weighed the applicants' prospects of success against the prejudice to the respondents and concluded that it was in the interests of justice to grant the extensions.

Consequently, the applications for extension of time to appeal were granted.