Kailash and Manjalkar (No 2)

In *Kailash and Manjalkar (No 2)*, Watts J of the Supreme Court of Victoria considered an application for an extension of time to appeal a decision of the County Court. The applicants, Kailash and Manjalkar, sought to appeal against their convictions and sentences imposed by the County Court. The core of the dispute revolved around the applicants' failure to file their notice of appeal within the prescribed time limits and their subsequent request for an extension of time to do so.

The primary legal issue before the Court was whether to grant the applicants an extension of time to appeal. This required the Court to consider the merits of the proposed appeal, the reasons for the delay in filing the notice of appeal, and whether it was in the interests of justice to permit the appeal to proceed out of time. The Court also had to assess whether there was a reasonably arguable case on appeal that would justify granting the extension.

Watts J applied the principles governing applications for an extension of time to appeal, which involve a balancing exercise. The Court considered the strength of the grounds of appeal, the length of the delay, the explanation for the delay, and the potential prejudice to the parties. In this instance, the Court found that there were substantial grounds for appeal that warranted further consideration. Consequently, the Court ordered that the Registrar forward relevant documents to the Director of Public Prosecutions, indicating a significant development in the matter.