Krishna v Lovett

In *Krishna v Lovett*, the applicant sought an extension of time to appeal a decision of the primary judge, with the proposed appeal being filed approximately 17 months out of time. The respondent opposed the application.

The central legal issue before the Court of Appeal was whether the applicant had demonstrated sufficient merit in the proposed appeal to warrant granting an extension of time. This required the court to consider the principles governing applications for extensions of time to appeal, particularly where the delay is substantial, and to assess whether the proposed appeal had more than merely a fairly arguable case.

The Court of Appeal applied the established principles for granting extensions of time, which require a strong case on the merits to overcome a significant delay. While the applicant argued the proposed appeal had substantial merit, the court found that the grounds of appeal were not sufficiently compelling to justify the extensive delay. Consequently, the court concluded that the applicant had not satisfied the onus of demonstrating that an extension of time should be granted.

The summons was dismissed, and the applicant was ordered to pay the respondent's costs.