Reynolds v Byram [No 3]

[2025] WASCA 85

JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT  :   THE COURT OF APPEAL (WA)

CITATION:   REYNOLDS -v- BYRAM [No 3] [2025] WASCA 85

CORAM:   HALL JA

ARCHER JA

HEARD:   ON THE PAPERS

DELIVERED          :   30 MAY 2025

FILE NO/S:   CACR 23 of 2025

BETWEEN:   KELLAN JOHN REYNOLDS

Appellant

AND

WAYNE BYRAM

First Respondent

KRISS LOGAN

Second Respondent

JEFFREY OSBORNE

Third Respondent

KAI PANTON

Fourth Respondent

CHRISTOPHER PICARD

Fifth Respondent

ON APPEAL FROM:

Jurisdiction              :   SUPREME COURT OF WESTERN AUSTRALIA

Coram:   LEMONIS J

File Number            :   SJA 1072 of 2023

Catchwords:

Criminal law - Application for extension of time to file appellant's case - Application granted

Legislation:

Nil

Result:

Application granted

Category:    B

Representation:

Counsel:

Appellant	:	No appearance
First Respondent	:	No appearance
Second Respondent	:	No appearance
Third Respondent	:	No appearance
Fourth Respondent	:	No appearance
Fifth Respondent	:	No appearance

Solicitors:

Appellant	:	In person
First Respondent	:	State Solicitor's Office
Second Respondent	:	State Solicitor's Office
Third Respondent	:	State Solicitor's Office
Fourth Respondent	:	State Solicitor's Office
Fifth Respondent	:	State Solicitor's Office

Case(s) referred to in decision(s):

Nil

REASONS OF THE COURT:

1. The appellant has filed an application seeking, in effect, an extension of time to file and serve his appellant's case. 

2. The appeal notice was filed on 24 February 2025 and, accordingly, the appellant's case was originally due to be filed and served by 21 April 2025.  On 7 May 2025, orders were made by Buss P and Mazza JA extending the time for the appellant to file and serve the appellant's case to 4.00 pm on 14 May 2025.

3. On 27 May 2025, the appellant filed the present application seeking an extension of time to 28 July 2025.  The application is supported by an affidavit sworn by the appellant.  The application seeks an extension of time in which to file the appellant's 'outline of written submissions and supporting affidavit' in the appeal.  We have taken that to be a reference to the appellant's case.  A letter has been sent to the appellant providing him with the self‑represented litigant's kit and listing the documents that must be contained in an appellant's case.

4. The appellant's affidavit explains the delay as being the result of a computer failure.  He states that he experienced hard drive failure to his laptop computer on 9 May 2025, and that the computer was not fixed until 30 May 2025.  He states that his submissions are 'substantially complete'.  He suggests that the respondent would not be prejudiced by an extension of time because the appeal has not yet been listed for hearing.  Of course, the matter cannot be listed until both the appellant's case and respondent's answer have been filed.

5. In the circumstances, we are prepared to allow an extension, but not for the 60 days sought by the appellant.  In our view, two weeks should be more than adequate time for the appellant to complete and file his appellant's case.

6. For those reasons, on 30 May 2025, we made an order extending time for the appellant to file his appellant's case to 4.00 pm on Friday, 13 June 2025.

I certify that the preceding paragraph(s) comprise the reasons for decision of the Supreme Court of Western Australia.

AJ

Research Associate to the Hon Justice Hall

30 MAY 2025