Fielding v Sandes

The appeal concerned an application for an extension of time to file a notice of appeal. The primary judge had granted this extension, but the appellant sought to overturn that decision. The dispute therefore revolved around whether the primary judge had erred in principle or provided inadequate reasons for granting the extension of time under sections 57B and 58 of the *Limitation Act 1969* (NSW).

The Court of Appeal was required to determine whether the primary judge had exercised their discretion legitimately in granting the extension. This involved considering whether the reasons provided by the primary judge were sufficient to justify the extension and whether any errors of principle had been made in the assessment of the application.

The Court of Appeal found that the primary judge's reasons for granting the extension were inadequate and that there was an error of principle in the exercise of discretion. Consequently, the appeal was allowed, and the primary judge's order granting the extension of time was set aside.