REYNOLDS -v- BYRAM [No 3] [2025] WASCA 85 | Case summary

Judgment (2 paragraphs)

[1]

The appellant has filed an application seeking, in effect, an extension of time to file and serve his appellant's case.
The appeal notice was filed on 24 February 2025 and, accordingly, the appellant's case was originally due to be filed and served by 21 April 2025. On 7 May 2025, orders were made by Buss P and Mazza JA extending the time for the appellant to file and serve the appellant's case to 4.00 pm on 14 May 2025.
On 27 May 2025, the appellant filed the present application seeking an extension of time to 28 July 2025. The application is supported by an affidavit sworn by the appellant. The application seeks an extension of time in which to file the appellant's 'outline of written submissions and supporting affidavit' in the appeal. We have taken that to be a reference to the appellant's case. A letter has been sent to the appellant providing him with the self‑represented litigant's kit and listing the documents that must be contained in an appellant's case.
The appellant's affidavit explains the delay as being the result of a computer failure. He states that he experienced hard drive failure to his laptop computer on 9 May 2025, and that the computer was not fixed until 30 May 2025. He states that his submissions are 'substantially complete'. He suggests that the respondent would not be prejudiced by an extension of time because the appeal has not yet been listed for hearing. Of course, the matter cannot be listed until both the appellant's case and respondent's answer have been filed.
In the circumstances, we are prepared to allow an extension, but not for the 60 days sought by the appellant. In our view, two weeks should be more than adequate time for the appellant to complete and file his appellant's case.
For those reasons, on 30 May 2025, we made an order extending time for the appellant to file his appellant's case to 4.00 pm on Friday, 13 June 2025.

[2]

REYNOLDS -v- BYRAM [No 3] [2025] WASCA 85 (30 May 2025)

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Judgment (2 paragraphs)