Wodrow v Commonwealth of Australia

In Wodrow v Commonwealth of Australia, the applicant, Ms Wodrow, sought an extension of time to file a notice of motion seeking leave to appeal against a judgment delivered by Justice Stone on 2 May 2003. The applicant argued that she had not been given proper notice of the judgment and therefore had not been able to seek legal advice in time to properly prepare her grounds of appeal. The court was required to consider whether the applicant's lack of notice constituted "exceptional circumstances" warranting an extension of time under the relevant legislation.

The court found that the applicant had not been given proper notice of the judgment and that this constituted exceptional circumstances. The court noted that the applicant had acted promptly in seeking an extension of time once she became aware of the judgment and had provided a reasonable explanation for her delay in filing the notice of motion. The court also found that the applicant had a strong arguable case on appeal, which further supported the grant of an extension of time. The court therefore granted the application for an extension of time and made orders for the extension of time, the standing over of the balance of the notice of motion for hearing by a Full Court, and the provision of argument as on appeal at the hearing of the motion. The court also ordered that costs to date were to be costs in the motion and that an appointment be made to settle papers for the hearing of the motion.