Waverley Municipal Council v Cheowiry

The Supreme Court of New South Wales, Court of Appeal, considered an application for leave to appeal and an extension of time in the matter of *Waverley Municipal Council v Cheowiry*. The applicant, Waverley Municipal Council, sought to appeal a decision but had previously indicated it would not pursue an appeal.

The primary legal issue before the Court was whether to grant an extension of time for the applicant to file its notice of appeal, given the applicant's prior representation that it would not appeal. The Court was required to assess the adequacy of the reasons provided by the applicant for its change of mind and whether refusing the extension would occasion injustice.

The Court found the applicant's explanation for its change of mind to be unsatisfactory. It applied the principle that an applicant seeking an extension of time must provide a compelling reason for the delay and for the initial decision not to appeal. In this instance, the Court determined that refusing the extension would not result in injustice to the applicant, particularly when weighed against the applicant's own prior conduct and representations.

Consequently, the application for leave to appeal and the summons for an extension of time were refused, with costs ordered in favour of the respondent.