Howell v Rose

Howell was the successful party in an action brought in the Federal Circuit Court against Rose. Rose applied for an extension of time for an application for the assessment of costs. The court had to decide whether the application for an extension of time was frivolous or vexatious and whether it was in the interests of justice to grant the extension. The court considered the reasons given for the delay in making the application and whether the delay was such that it would bring the administration of justice into disrepute. The court found that the application was not frivolous or vexatious and that it was in the interests of justice to grant the extension of time. The court took into account the reasons given for the delay and the fact that the delay was not such as to bring the administration of justice into disrepute. The application for an extension of time for an application for the assessment of costs was therefore granted.