Court of Appeal allows application for extension of time for appeal against interlocutory reliefs concerning interference with a receiver's functions, in circumstances where, inter alia, the applicant had an arguable case that the receiver had delayed in seeking interlocutory relief, and where the balance of justice favours granting the application.
Application to extend time for appeal against order of the high court - interlocutory reliefs - applicant did not appeal High Court order within the requisite time - 28 days from perfected order - Eire Continental Trading Co v Clonmel Foods Ltd - three questions that guide the exercise of the discretion of the Court - applicant must show that he has a bona fide intention to appeal formed within the permitted time - applicant must show the existence of something like mistake as to procedure and in particular the mistake of counsel or solicitor as to the meaning of the relevant rule was not sufficient - applicant must establish that an arguable ground of appeal exists - applicant succeeded in demonstrating that 4 of the 6 grounds in the draft notice of appeal are arguable - court satisfied that the balance of justice weighs in favour of extending time to the applicant to appeal against the interlocutory order - no dispute between the parties that the applicant has surmounted the first two limbs of the relevant principles - applicant's application to extend time was made within a short time after the expiry of the requisite time period for appeals - no undue prejudice to the plaintiffs in respect of the extension of time - application granted