The appellants moved to review an order of a single judge of the Court of Appeal that dismissed their motion to set aside a Registrar's Order dismissing their appeal for delay.
The panel admitted fresh evidence showing that the delay was due to the inadvertence of former counsel, who failed to provide the full explanation for the delay or evidence of the appellants' intention to pursue the appeal.
Finding that the appeal raised serious issues regarding the scope of a receiver's authority, the court set aside the dismissal orders, extended the time to perfect the appeal, and awarded costs to the appellants.
