Klewer v Walton

In *Klewer v Walton*, the applicant sought to set aside an order made by a Registrar that dismissed an application for an extension of time to file a holding summons or for leave to appeal. The underlying matter concerned an appeal from a decision of Master Harrison made on 6 September 2002.

The primary legal issue before Santow JA was whether to review the Registrar's order and grant an extension of time for the applicant to file the necessary documents to pursue an appeal. This involved considering whether the appeal was likely to be futile and, by implication, whether there were any grounds to permit the late filing of the appeal documents.

Santow JA reasoned that the appeal was likely to fail, noting that the applicant's prior inconsistent statement, potentially relevant under s 38 of the *Evidence Act 1995* (NSW), suggested a lack of merit. Despite this assessment, the court ultimately set aside the Registrar's orders and extended the time for filing both the holding summons and the summons for leave to appeal. The court made no order as to costs.