Logan v Baird

The Court of Appeal of New South Wales considered an application by the respondent, Baird, to strike out the notice of appeal and notice of motion filed by the appellant, Logan. The appeal concerned an application for an extension of time to appeal out of time, and an associated application for pro bono assistance.

The primary legal issues before the Court were whether the notice of appeal and notice of motion should be struck out, and what considerations were relevant to an application for an extension of time to appeal out of time, particularly in light of the prospects of success of the proposed appeal and the interests of justice.

Campbell JA determined that the notice of appeal and notice of motion should be struck out. The Court's reasoning focused on the lack of prospects of success of the proposed appeal, which was a critical factor in determining whether it was in the interests of justice to grant an extension of time. Without a demonstrable prospect of success, the Court was not persuaded to permit the appeal to proceed out of time.

Consequently, the Court ordered that the Notice of Appeal filed on 2 February 2011 and the Notice of Motion filed on the same date be struck out.