Rilak & Tsocas (No 2)

The matter of Rilak & Tsocas (No 2) involved the applicants seeking extensions of time for appeals from orders made by two different judges in the Federal Circuit Court. The first application, EA 68 of 2017, was an appeal from orders made by Stevenson J on 7 July 2016, while the second application, EA 69 of 2017, was from orders made by Rees J on 22 July 2016. Both applications were heard and dismissed by the Federal Court.

The primary legal issues before the court were whether the applicants had provided sufficient grounds to justify an extension of time for lodging their appeals, and whether any delay had caused substantial injustice. The applicants had to demonstrate that the delay was not attributable to any neglect or default on their part and that it was reasonable to grant an extension under the circumstances.

The court found that the applicants had not provided adequate justification for the delay in lodging their appeals. It was determined that the delay was due to the applicants' own mismanagement rather than any external factors. The court also noted that the delay had caused inconvenience and potential prejudice to the respondents. Consequently, the applications for extensions of time were dismissed, and the applicants were ordered to pay the respondents' costs associated with the applications. The form of the orders was subject to being recorded in the Court’s official documents.