Hewitt v Count Financial Ltd

Hewitt sought to appeal certain orders made by the Federal Circuit Court. The respondent, Count Financial Ltd, applied to the Court to set aside orders of a Judicial Registrar which had refused an extension of time for Hewitt to file an application for leave to appeal. The Court was required to determine whether the application to set aside should succeed. The Court considered the relevant factors, including the length of delay in making the application, the reasons for the delay, the prospects of success of the application for leave to appeal, and the extent of any prejudice suffered by Count Financial Ltd if the extension was granted. The Court concluded that the reasons for the delay were not adequate, the prospects of success of the application for leave to appeal were little to none, and the extent of any prejudice suffered by Count Financial Ltd if the extension was granted was not significant. The application was dismissed.