Haemmerle v Proctor

The appeal concerned an application for an extension of time to file a notice of appeal in the matter of *Haemmerle v Proctor*. The underlying dispute involved the adjustment of interests under the *Property (Relationships) Act* following the transfer of real property from the appellant to the respondent, with a relatively small payment made to the appellant. The respondent subsequently sold the property and used the proceeds to purchase a home, and was also unwell.

The primary legal issue before the court was whether to grant the appellant an extension of time to file a notice of appeal. In determining this, the court was required to consider the potential injustice to the respondent if an extension were granted, and to assess the prospects of success of the appeal in order to evaluate the injustice to the appellant if the extension were refused.

The court reasoned that while it was unable to examine all the evidence, the prospects of success on appeal appeared remote. Given this assessment, the court concluded that granting an extension of time would work an injustice on the respondent. Consequently, the notice of motion filed on 27 June 2007, and the notice of appeal with appointment, were dismissed. The appellant was ordered to pay the respondent's costs.