Danes v Sulman

The case of Danes v Sulman involved a minor civil dispute, with the primary issue being the recovery of solicitor’s costs. The respondent, Sulman, did not appear at the hearing, resulting in a decision in default. Subsequently, Sulman sought an extension of time to appeal the decision, as well as leave to appeal, citing a lengthy delay in lodging the appeal. The court was required to assess the validity of the reasons for the delay and the merits of the proposed appeal.

The court considered the grounds for the extension of time, which included the claim of a lengthy delay in lodging the appeal. It was noted that Sulman had ample time to lodge the appeal but failed to do so, citing the delay as an excuse. The court further evaluated whether the appeal had a reasonable prospect of success, a necessary condition for granting leave to appeal. The court concluded that the delay was unjustified and that the appeal did not have a reasonable prospect of success.

Consequently, the court refused the application for an extension of time to appeal. Additionally, the application for leave to appeal was also denied. The court found that Sulman had not provided a satisfactory explanation for the significant delay, and the proposed grounds of appeal did not demonstrate a reasonable prospect of success. As such, the court ruled against both applications and made no order regarding costs.