Hart v Cashman and Everingham

In *Hart v Cashman and Everingham*, the plaintiff sought an extension of time to file an appeal against a decision of the Supreme Court of New South Wales. The plaintiff's financial inability to pursue the appeal was a primary factor in the application.

The central legal issue before the Court of Appeal was whether to grant the plaintiff an extension of time to appeal, despite the delay, considering the plaintiff's impecuniosity and the potential prejudice to the respondents. The court was required to weigh the plaintiff's prospects of success against these factors.

The Court of Appeal held that an appellant seeking an extension of time must demonstrate a strong likelihood of success on appeal. In this instance, the court found that the plaintiff had not established sufficient prospects of success to justify granting the extension, particularly in light of the significant delay and the prejudice that would be occasioned to the respondents. Consequently, the plaintiff's notice of motion was dismissed with costs.