John Gordon Tilley v Egan

This case involves an application by John Gordon Tilley and others for an extension of time to appeal a decision of the District Court. The respondents are Brian Thomas Egan. The applicants sought an extension of time to appeal a summary judgment given in favour of the respondents on 31 January 2000, arguing that the time for appealing was 28 days, with the last day for filing an appeal being 28 February 2000. This application was filed on 13 March 2000. The applicants obtained separate legal representation to examine the question of the liability to them in negligence of their former solicitor. There was some dispute between the various solicitors as to who should fund any appeal. The applicants' current solicitors on this application did not receive instructions until 3 March 2000, by which time the appeal period had already expired.

The legal issues the court had to decide were whether the delay in filing the application was justifiable and whether there was an arguable case for appeal. The court considered the explanation for the delay and found that it was understandable given the circumstances. The court also noted that there was at least an arguable case and no genuine prejudice could be pointed to by the respondent.

The court found the explanation for the delay to be understandable and granted the application. The court extended the time for filing a notice of appeal until 27 March 2000 and, if necessary, gave leave to appeal waiving the requirements of the rules as needed. The costs of and incidental to this application were ordered to be costs in the appeal.