Federal Court. In an application for an extension of time within which to appeal, should the merits of the appeal be approached at a "reasonably impressionistic" level? Or should the merits of the appeal rather be assessed in a "rough and ready way"? In determining whether to grant leave to rely upon a ground not raised before the primary judge, is it relevant that the grant would "[deprive] the respondent of a right to appeal in respect of the consideration of the issue because any further appeal is only available with leave"?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: In an application for an extension of time within which to appeal, should the merits of the appeal be approached at a "reasonably impressionistic" level? Or should the merits of the appeal rather be assessed in a "rough and ready way"?
Question 2: In determining whether to grant leave to rely upon a ground not raised before the primary judge, is it relevant that the grant would "[deprive] the respondent of a right to appeal in respect of the consideration of the issue because any further appeal is only available with leave"?
The FCA answered those questions as follows: