Oscar & Traynor

In *Oscar & Traynor*, Boland J considered applications by the husband to extend time to appeal property, costs, and enforcement orders, and an application to vary orders made by the Full Court restraining the dispersal of sale proceeds. The wife sought to have the husband's application dismissed and for costs.

The primary legal issues before the court were whether it was appropriate to exercise discretion in favour of the husband to extend the time for appeal, and whether it was appropriate to vary the Full Court's orders. The court also considered the wife's entitlement to costs.

In determining whether to grant an extension of time, Boland J applied the principles discussed in *Gallo v Dawson*, considering whether strict application of the rules would cause injustice, the conduct of the parties, and the merits of the proposed grounds of appeal. The court found that the husband's conduct militated against granting leave, and that his proposed appeals against the property and costs orders lacked prospects of success. The appeal against the enforcement orders was also considered moot. Consequently, the application to extend time was dismissed. The court also varied the Full Court's orders, noting an undertaking given by the husband.

The court ordered that the husband's application filed on 29 March 2006 be dismissed. The solicitor holding sale proceeds was ordered to release $100,000 to the wife. The husband was ordered to pay the wife's costs of the application, save for the adjourned hearing day. The court noted an undertaking given by the husband and that he might seek to vary its terms.