Hetherington-Gregory v Julie Foster trading as All Vehicle Services

The applicants, Ms Hetherington-Gregory and Mr. Hetherington-Gregory, sought leave to appeal from a decision of the primary judge. The dispute concerned an application to set aside a default judgment entered against the applicants in favour of the first respondent, Julie Foster trading as All Vehicle Services. The applications before the Court of Appeal were for an extension of time to appeal and for leave to appeal.

The central legal issue before the Court of Appeal was whether the applicants had demonstrated sufficient grounds to warrant an extension of time and, if so, whether there was an arguable issue of principle or a reasonably arguable point of law that justified granting leave to appeal. The Court was required to consider the applicants' reasons for the delay in seeking to appeal and the merits of their proposed grounds of appeal.

Macfarlan and Barrett JJA dismissed the applications, finding that there was no issue of principle involved. The Court concluded that the applicants had not established a sufficient basis for granting an extension of time or for granting leave to appeal. Consequently, the applications for extension of time and for leave to appeal were dismissed, along with the applicants' notices of motion. The first respondent's motion was also dismissed as unnecessary given the outcome of the primary applications.