Jaffari v Grabowski

In *Jaffari v Grabowski*, the applicants sought to review an order made by a single judge of the Court of Appeal who had refused their application to extend the time for filing a notice of appeal. The core of the dispute concerned whether the applicants had demonstrated a relevant error in the single judge's decision to refuse the extension.

The Court of Appeal was required to determine whether the single judge had erred in law or fact in refusing the extension of time for the filing of the notice of appeal. This involved considering the principles governing the grant or refusal of such extensions, particularly in light of the time limits prescribed by the Uniform Civil Procedure Rules 2005 for setting aside or varying judgments or orders.

The Court of Appeal, comprising McColl and Ward JJA, ultimately extended the time for the filing of the motion to review the single judge's order, but then dismissed the motion itself. This outcome indicates that while the applicants were permitted to bring their review application out of time, the Court found no substantive error in the original decision to refuse the extension of time for the notice of appeal. Consequently, the applicants were ordered to pay the costs of the motion.