Clark v Tombs

In *Clark v Tombs*, the appellant sought leave to extend the time for filing a summons for leave to appeal to the Court of Appeal of New South Wales. The respondent opposed the application.

The primary legal issue before the Court was whether to grant an extension of time for the appellant to file their summons for leave to appeal. This required the Court to consider the merits of the proposed appeal and whether there was a sufficient reason to depart from the usual time limits for initiating an appeal.

The Court considered the Uniform Civil Procedure Rules 2005, particularly those relating to the setting aside and variation of judgments and orders, which impose time limits for such applications. While the Court acknowledged the appellant's request for an extension, it ultimately found that there was no issue of principle raised by the proposed appeal that would warrant granting leave to appeal. Consequently, the Court decided not to grant leave to appeal.

The Court ordered that leave to extend the time for filing the summons for leave to appeal be granted, but the summons for leave to appeal itself was dismissed, with costs awarded to the respondent.