Description
Extension of time to apply for revision of an ex-parte judgment – length of delay – degree of prejudice – conduct of the parties – need to balance interests – point of law of sufficient importance – illegality – an excusable technical delay – a delay of 13 days – denial of right to be heard – good cause for granting an extension of time to file revision.
- In applications for extension of time the court considers factors such as length of the delay, reason for the delay, degree of prejudice if any which each party stands to suffer depending on how the Court exercises its discretion, the conduct of the parties, the need to balance the interests of a party who has a decision in his or her favour against the interests of a party who has a right of appeal, whether there is a point of law of sufficient importance such as the illegality of a decision sought to be challenged (p. 4).
- Application for extension of time to apply for revision of an ex parte judgment and decree – initial application for revision was struck out due to incompetence – that delay amounts to an excusable technical delay (p. 6).
- Application for extension of time – a delay of 13 days was condoned (p. 7).
- Illegality (denial of right to be heard) of the impugned decision is a good cause for granting an extension of time to file revision (p. 8).
