Tomko v Palasty (No 2)

The applicants, Tomko and Palasty, sought to review a decision of the Registrar made on 3 September 2007 and an extension of time to appeal from a judgment and orders of the District Court. The Court of Appeal of New South Wales was required to determine whether to grant the applicants an extension of time to appeal.

The central legal issue before the Court of Appeal was whether the applicants had established sufficient grounds to warrant an extension of time to pursue their appeal. This involved considering the length of the delay in seeking the extension, the reasons provided for that delay, whether the applicants had a fairly arguable case, their prospects of success on appeal, and any prejudice that might be suffered by the respondent if the extension were granted.

The Court of Appeal dismissed the application for an extension of time. The judgment indicates that the applicants failed to satisfy the criteria necessary for the grant of an extension of time, implying that the delay was not adequately explained, or that their prospects of success were not sufficiently strong, or that granting the extension would cause undue prejudice to the respondent. Consequently, the Court of Appeal dismissed the application to review the Registrar's decision and the application for an extension of time to appeal.