Sanders-Pattinson v Brown

The applicant, Sanders-Pattinson, sought leave to appeal out of time against a judgment and orders made by the Common Law Division on 31 May 2012. The proceedings below had been summarily dismissed. The application for leave to appeal was filed on 10 October 2012, significantly after the usual time limits.

The primary legal issue before Basten JA was whether to grant leave to appeal despite the application being filed out of time. This required consideration of whether the applicant had reasonably arguable grounds of appeal, the impact of the applicant's serious ill health on their ability to pursue the appeal, and whether refusing leave would unduly burden the respondents.

Basten JA reasoned that while the applicant's ill health was a significant factor, there was no indication that their health was likely to improve sufficiently to enable them to continue the proceedings. Furthermore, the summary dismissal of the proceedings below was not considered fatal to the applicant's interests, suggesting that the grounds of appeal might not be sufficiently arguable to warrant an extension of time. Consequently, the summons seeking leave to appeal was dismissed, and the applicant was ordered to pay the respondents' costs of the motion.