What happens if a party fails to explain a delay in filing an appeal?

Study for the New South Wales Civil Practice and Procedure Test. Engage with multiple choice questions, comprehensive explanations, and helpful insights. Ace your exam with confidence!

When a party fails to adequately explain a delay in filing an appeal, the court may refuse the extension of time. This principle is grounded in the importance of adhering to procedural rules and deadlines in the civil justice system. Courts typically require appellants to provide reasonable justification for any delays to ensure fairness and maintain the integrity of the judicial process. If an explanation for the delay is not satisfactory, it can lead to the refusal of requesting an extension, potentially resulting in the appeal being dismissed or not being considered at all.

In contrast, automatic acceptance of the appeal does not occur, as procedural requirements must be followed. The appeal process does not continue as normal without addressing such important procedural matters, and seeking mediation is generally not a required step in this context. Thus, the failure to explain a delay effectively undermines the party's position and can jeopardize their ability to pursue the appeal.

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