High Court refuses application by brother and sister to extend time to serve originating notice of motion for their judicial review challenging the decision refusing them temporary release so they could attend their mother’s funeral, on the grounds that: judicial review proceedings should be progressed with expedition; this was their second application to extend time; the explanations for missing the deadline are not reasonable; and the brother and sister would not be prejudiced because they have already been granted bail.
Judicial reviews – prison law - extension of time within which to issue and serve the originating notice of motion in two sets of judicial review proceedings – second application for an extension – brother and sister refused temporary release wanted to attend mother’s funeral – should have applied for bail – leave application on notice - accommodation reached whereby they would be released on temporary bail so as to allow them to attend the funeral – granted leave to seek judicial review – failed to serve originating notice of motion on time – application made to extend time – second deadline missed – second application to extend time – applications to extend time – discretion to extend time – the paramount consideration in the exercise of this discretion must be to do justice between the parties – factors to be considered - unduly lax approach to compliance with procedural requirements - balance of justice lies against granting a further extension of time - judicial review proceedings should be progressed with expedition - already had the benefit of an extension of time – explanation for missing the deadline not reasonable – already granted bail - only issue outstanding is in relation to the costs of the judicial review proceedings – no prejudice – respondents’ consent to extension not determinative – application to extend refused – judicial review proceedings dismissed – no order as to costs.