Wykanak v Rockdale City Council

The appeal concerned an application for an extension of time to appeal a decision of the Supreme Court of New South Wales. The applicant, Wykanak, sought to appeal against an earlier judgment of the Supreme Court, but had failed to file the notice of appeal within the prescribed time limits. The respondent was Rockdale City Council.

The primary legal issue before the Court of Appeal was whether it should grant an extension of time for the filing of the notice of appeal, pursuant to s 46(2)(a) of the *Supreme Court Act 1970* (NSW). This required the Court to consider the relevance of the prospects of success of the proposed appeal in determining whether to grant such an extension.

The Court of Appeal held that while the prospects of success are a relevant consideration when determining whether to grant an extension of time, they are not the sole or overriding factor. The Court must also consider other factors, such as the length of the delay, the reasons for the delay, and the potential prejudice to the respondent. In this instance, the Court found that the applicant had not demonstrated sufficient grounds to warrant an extension of time, particularly in light of the weak prospects of success of the proposed appeal.

Accordingly, the notice of motion seeking an extension of time for the appeal was dismissed.