Virginia Giles v David Jeffrey and Thomas Curnow , 2nd Respondent , , David Jeffrey and Thomas Curnow and Virginia Giles

The case involves Virginia Giles, who filed an appeal against David Jeffrey and Thomas Curnow. Giles sought an extension of time to appeal both an award of damages and a costs order, as well as leave to appeal the costs order. The court examined the applications for extensions of time and the request for leave to appeal the costs order. The applicants needed to demonstrate that they had a substantial question of law to be decided and that they had a reasonable prospect of success on the appeal.

The court considered the criteria for granting extensions of time and leave to appeal, focusing on whether the applicants had acted with reasonable diligence, whether there were exceptional circumstances justifying the delay, and whether the appeal had merit. In this instance, the applicants argued that they had not been provided with the relevant documents in a timely manner, which contributed to the delay in lodging the appeal. The court also had to assess whether the appeal had a reasonable prospect of success and whether it raised a substantial question of law.

The court found that the applicants had acted with reasonable diligence, and there were exceptional circumstances that justified the delay. The appeal had a reasonable prospect of success, and the questions of law raised were substantial. Consequently, the court granted the applications for extensions of time to appeal both the award of damages and the costs order, as well as leave to appeal the costs order. The appeal was referred to the Court for a hearing.

The court ordered that the applicants be granted an extension of time to lodge their appeal and that leave to appeal the costs order be granted. The appeal was to be heard by the Court, and the applicants were to comply with any further orders the Court may make.