Haque v State of Victoria

The applicants, Haque and another, sought an extension of time to serve notices of appeal against decisions of the first respondent, the State of Victoria. The applicants had failed to serve the notices of appeal within the requisite time, and the first respondent opposed the applications. The applicants' appeals were heard by the Supreme Court of Victoria, which exercised its discretion to grant or refuse the extensions of time in respect of two separate proceedings.

The court had to decide whether the applicants had provided a sufficient explanation for the delay in serving the notices of appeal, and whether the proposed appeals had any reasonable prospects of success. The court was required to consider the relevant statutory provisions and case law concerning applications for extensions of time to serve notices of appeal, and to balance the competing considerations of justice and the importance of adhering to procedural timelines.

The court found that the applicants had provided a satisfactory explanation for the delay in serving the notice of appeal in one proceeding, and that the proposed appeal had reasonable prospects of success. Consequently, the court granted the application for an extension of time in respect of that proceeding. However, the court found that the proposed appeal in the second proceeding was futile, as it had no reasonable prospects of success. The applicants had not provided any compelling reasons for the delay in serving the notice of appeal in that proceeding, and the appeal was bound to fail. The court refused the application for an extension of time in respect of the second proceeding on the ground of futility.

The court made an order granting the application for an extension of time in respect of the first proceeding, and refused the application in respect of the second proceeding. The applicants were required to serve the notice of appeal in the first proceeding within a specified period, while the notice of appeal in the second proceeding remained invalid.